Shivaji v. Ramappa and Ors.
Case brief
What is this about?
A decree-holder challenged a specific-performance decree issued years earlier, arguing he was not the contracting party and had separately sued for declaration. The learned judge found the decree defective, held it should be set aside and reissued after fresh consideration, and directed the suit papers be returned with utmost care.
What did the court decide?
Decree found defective and ordered set aside for fresh consideration; suit papers ordered returned.