During pendency, Suit transferred to another Court- No intimation in respect of transfer Ex parte Decree passed - Litigation not to be terminated by default of Plaintiff or Defendant-Adjudication to be done on merits, as far as possible- Appeal allowed,

Citation 

2019 (2) MWN (Civil) 673 (SC)

IN THE SUPREME COURT OF INDIA

Ashok Bhushan & K.M. Joseph, JJ.

CA. No.4507 of 2019 (S.L.P.(C) No.35428 of 2017).

July 08, 2019

Robin Thapa vs Rohit Dora

CODE OF CIVIL PROCEDURE, 1908 (5 of 1908), Order 9, Rule 13-Suit for Specific Performance During pendency, Suit transferred to another Court- No intimation in respect of transfer Ex parte Decree passed - Petition seeking to set aside ex parte Decree, allowed Order reversed by High Court-Challenged in SLP- Litigation not to be terminated by default of Plaintiff or Defendant-Adjudication to be done on merits, as far as possible- Appeal allowed, setting aside impugned Order subject to conditions. [Paras 8 & 13]