Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO.7735 OF 2010
Gurcharan Singh … Petitioner
Versus
Surjit Singh (D) through LRs … Respondents
O R D E R
K.S. Radhakrishnan, J.
1. We are of the view that this case raises no
substantial questions of law and we are in
concurrence with the concurrent decisions
JUDGMENT
rendered by the Courts below. The suit was
instituted for performance of an agreement to sell
dated 16.3.1993. It was contested by the
defendant after filing a written statement. All the
parties were given opportunities to lead their
evidence. Before the trial Court, during the
recording of their evidence, the defendants
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absented themselves and did not appear in the
Court on 19.4.1996, though the case was called
several times. Under such circumstances, they
were proceeded against ex-parte. The suit was
decreed on 24.4.1996. The original defendant
died on 20.11.1996. The LRs preferred an
application for setting aside ex-parte decree. Both
the Courts on facts found no reason to set aside
the same. In our view, cogent reasons have been
stated for holding so. We, therefore, find no
reason to entertain the Special Leave Petition
since no question of law arises for consideration.
The Special Leave Petition is, accordingly,
dismissed.
JUDGMENT
..………………………J.
(K.S. Radhakrishnan)
………………………..J.
(A.K. Sikri)
New Delhi
November 22, 2013
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