Pavan Sachdeva &
ANR. Vs. S.M.S.Pharmaceuticals Ltd.& ANR.  INSC 1476 (1 September
JURISDICTION CIVIL APPEAL NO.5410 OF 2008 (Arising out of S.L.P. (C) No.21540
of 2006) Pavan Sachdeva & Anr. ...Appellant(s) Versus S.M.S.
Pharmeceuticals Ltd. & Anr. ...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
The Trial Court
passed ex-parte decree in a summary suit. The appellants filed an application
for setting aside the ex-parte decree and also for condonation of delay. The
same was registered as I.A. No.1224 of 2000. The Trial Court, by its order
dated 23rd February, 2001, allowed the application. That order was set aside by
the High Court and the matter was remitted to the Trial Court for fresh
disposal of I.A. No.1224 of 2000.
Having heard learned
counsel for the parties and perused the records, we are convinced that the High
Court was not justified in interfering with the order of the Trial Court
because the same did not suffer from any error of jurisdiction or material
irregularity in exercise of jurisdiction. As a matter of fact, the High Court
has not ...2/- -2- recorded any finding on this issue.
appeal is allowed, the order passed by the High Court is set aside and the one
passed by the Trial Court is restored. The Trial Court shall now decide the
summary suit afresh in accordance with law.