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Supreme Court Of India
LOH VANIZYA UDYOG PVT.LTD - Appellant
Versus
RICKIE KHOSLA - Respondent
Appeal (Civil) 3551 Of 2007
Decided On : 08/08/2007
.
Indigent Person - Civil Procedure Code - The court allowed the defendant's application to set aside the order for proceeding ex-parte due to the delay in processing the plaintiff's application to sue as an indigent person and the subsequent registration of the suit after a significant period of time.
Fact of the Case:
The plaintiffs' application to sue as an indigent person remained pending for over 10 years, and the suit was registered after the plaintiffs paid the court fee. The defendant moved an application to set aside the order for proceeding ex-parte against it.
Finding of the Court:
The court found that the delay in processing the plaintiff's application warranted setting aside the order for proceeding ex-parte. The court allowed the defendant's application, subject to the appellant depositing costs and filing a written statement within a specified time frame.
Issues: Delay in processing plaintiff's application, setting aside ex-parte order, costs deposition, and time frame for filing written statement.
Ratio Decidendi: The delay in processing the plaintiff's application to sue as an indigent person influenced the court's decision to set aside the ex-parte order and allow the defendant's application, subject to costs deposition and a specified time frame for filing written statement.
Final Decision: The court allowed the defendant's application to set aside the ex-parte order, subject to the appellant depositing costs and filing a written statement within a specified time frame. Failure to comply would result in automatic dismissal of the appeal.
G. P. MATHUR, J.
( 1 ) LEAVE granted.
( 2 ) WE have heard learned counsel for the parties. Having regard to the fact that the application filed by the plaintiffs-respondents under Order 33 Rule 1 CPC for permission to sue as an indigent person remained pending for over 10 years and the suit instituted on 20. 2. 1987 was registered on 10. 12. 1997 after the plaintiffs paid the court fee, we are of the opinion that the application moved by the appellant herein (defendant) for setting aside the order passed on 21. 9. 2000 to proceed ex-parte against it deserved to be allowed.
( 3 ) WE accordingly allow this appeal and set aside the order dated 21. 9. 2000 whereby the appellant's rights to file written statement was closed, subject to the appellant depositing Rs. 10,000/- as costs in the trial court within one month. The appellant will have six weeks time to file written statement. If the cost, as directed aforesaid, is not paid, the appeal will stand automatically dismissed.
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