https://www.taxtmi.com/caselaws?id=296266 An ex parte decree in a specific performance suit was reopened because the record raised doubt about effective notice and participation, and litigation was preferred to be decided on merits rather than by default. Relief was made conditional to protect the decree-holder's position after action had already been taken on the decree: the defendant was allowed to contest the suit only on deposit of the directed amounts within the stipulated time, with failure resulting in dismissal of the appeal. The approach balanced fairness in hearing the defence with reimbursement of expenses and prompt disposal of the suit. en-us Mon, 08 Jul 2019 00:00:00 +0530 Mon, 12 Jul 2021 19:55:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296266 An ex parte decree in a specific performance suit was reopened because the record raised doubt about effective notice and participation, and litigation was preferred to be decided on merits rather than by default. Relief was made conditional to protect the decree-holder's position after action had already been taken on the decree: the defendant was allowed to contest the suit only on deposit of the directed amounts within the stipulated time, with failure resulting in dismissal of the appeal. The approach balanced fairness in hearing the defence with reimbursement of expenses and prompt disposal of the suit. Case-Laws Indian Laws Mon, 08 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296266