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RAMESHWAR SINGH MALIK
Abdul Zalil – Appellant
Versus
Ismail @ Israil – Respondent
Question 1? Question 2? Question 3?
Key Points: - The appellate court reversed a trial court decree granting specific performance without issuing notice to certain defendants, raising audi alteram partem issues. (!) (!) (!) - The High Court holds that failure to issue notice to those adversely affected (defendants Nos. 3 to 5) in the appeal is patent illegality and violates natural justice. (!) (!) (!) (!) (!) - The matter is remitted for fresh decision by the lower appellate court, directing expeditious disposal, and the civil revision is dismissed; the regular second appeal is allowed. (!) (!) (!) (!) (!) (!) - References to governing principles: mandatory notice under Order 9 Rule 13 CPC and the necessity of hearing adversely affected parties before orders that affect their rights. (!) (!)
Mr. Rameshwar Singh Malik, J.: - The present regular second appeal (Abdul Zalil v. Ismail @ Israil and others) as well as Civil Revision No. 2104 of 1993 (Abdul Ajij v. Ismail @ Israil and others) are proposed to be decided together as both matters pertain to the same suit property and were ordered to be heard together vide order dated 11.1.2005. However, for the facility of reference, facts are being culled out from RSA No.239 of 1991.
2. Vendee has come in appeal against the judgment of reversal dated 10.8.1990 passed by the learned Additional District Judge, Gurgaon, whereby modifying the decree of learned trial Court, suit of the plaintiffrespondent was decreed in toto for possession by way of specific performance. Civil Revision is directed against the order dated 9.6.1993 passed by the learned executing court dismissing the application of the decree holder, whereby the same decree was being sought to be executed which is under challenge in the appeal.
3. Brief facts of the case are that plaintiff Abdul Ajij entered into an agreement to sell dated 28.2.1985 Ex.P1 with Ismail @ Israil-defendant No.1 through his general power of attorney, Khurshid Ahmad-defendant No.2.
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