Samarjeet Singh vs Khursheed Khan And 2 Others on 23 November, 2020
4. Per contra, learned counsel for the insurance company while supporting the judgment of the Tribunal whose judgment is impugned herein relied on decision of Supreme Court in Vijay Singh Vs. Shanti Devi and others, AIR 2017 SC 5672. and hs contended that once an ex-parte decree has been set aside, the matter had to bed decided afresh. The said decision will not apply at the out set as it was in execution petition and both the appeals against the ex-parte decree was filed . The execution petition was filed meanwhile the appellant took the possession. The application of the defendant for setting aside ex-parte decree was allowed throughout which is not the case in our case . We are in the whelm beneficial peace of legislation where the Tribunal was not even asked to reconsider the question of quantum and interest.