Supreme Court of India
Sushil Kumar Sabharwal v. Gurpreet Singh and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
The appeal is allowed. The orders of the Trial Court and the High Court are set aside. The application under Order 9, Rule 13 C.P.C. filed by the defendant-appellant is allowed. The ex-parte decree dated 9.10.1993 is set aside. The proceedings of the Trial Court shall stand relegated back to 23.2.1993.
Judgment, p. 358
From the headnote
Code of Civil Procedure, 1908: Order 9, Rule 13, second proviso-Suit for recovery of arrears of rent and for eviction of tenant-Ex-Parte decree-Application for setting aside ex-parte decree-Tenant stating on oath that no summons was tendered to him-Process server stating that he tendered summons to tenant a day prior to date of hearing but latter refused to accept the same-Held, it is a case of oath against oath-Oath of tenant was more weighty than that of process server-Besides, procedure of service as laid down in Order 5, Rules 17 and 18 not followed-It is not a case of mere irregularity in service of summons, but a case of non-service of summons…
Where later benches applied it
- 2025 Lifestyle Equities C.V. & Anr. v. Amazon Technologies Inc.
- 2011 Mahadev Govind Gharge & Others v. The Special Land Acquisition Officer, Upper Krishna Project, Jamkhandi, Karnataka
Of those, 2 referred to
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.