LexDraft · Judgments

Jasween Singh vs. Dashoda @ Yashoda Bai Ahirwar

Supreme Court of India · 2026

Coram: B. Pardiwala, K. Vinod Chanan

2026 INSC 992 Page 1 of 2 Non-Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. of 2026 (Arising out of SLP (C) Nos. 28440-28441/2026) Jasween Singh ...Appellant (s) Versus Dashoda @ Yashoda Bai Ahirwar & Ors ...Respondent (s) O R D E R Leave granted. 2. The only contention of the appellant is that the appellant was not heard, when the order was passed by the High Court in the Miscellaneous Petition filed by the respondent. 3. The issue raised was one of undervaluation before the Trial Court, based on which, the suit itself was dismissed under Order VII Rule 11 of Code of Civil Procedure, 1908. On a Miscellaneous Petition filed before the High Court, as we see from the order dated 23.03.2026, the High Court, even without issuing notice, granted the prayer and directed the defect to be cured. A review filed was also dismissed on 28.04.2026. Page 2 of 2 4. Learned Counsel for the respondent also agreed that the appellant was not heard. 5. In the above circumstances, the orders dated 23.03.2026 and 28.04.2026 are set aside and we restore the Miscellaneous Petition before the High Court. The proceedings before the Civil Judge (Senior Division), Jabalpur, in RCS-A/74 of 2022, if restored on the basis of the impugned order, shall stand stayed. The further proceedings in the suit shall depend upon the orders passed by the High Court. 6. The Civil Appeals are allowed without any observation on the merits of the matter. 7. Pending application(s), if any, shall stand rejected. .......…….……………………. J. (J. B. PARDIWALA) ....……….……………………. J. (K. VINOD CHANDRAN) NEW DELHI; SEPTEMBER 10, 2026.