Commercial property lawyer: possession has to be restored in case the Ex Parte decree ultimately had been set aside.

 Supreme Court of India

Justice Mohan M Shantanagoudar

In the case titled as "Omprakash Ram vs State of Bihar" the question falling consideration before the apex court was about the possession of the DH, in favour of whom, the Ex Parte decree was there, which has been set aside

As in the said case the appellant before the SC was not made party in the Ex Parte decree obtained against the respondent no. 5. The supreme court held that the possession based on the ex parte decree, which has already been set aside, has to be restored to the person from whom the possession has been taken.