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B. S. BHANUMATHI
Chekka Vithal Manikya Rao – Appellant
Versus
Chekka Sarojanamma Died – Respondent
JUDGMENT :
B.S. BHANUMATHI, J.
1. This petition is filed under Order XLIII Rule 1 of C.P.C. against the order dated 01.05.2024 dismissing I.A. No. 252 of 2005 in O.S. No. 57 of 1998 on the file of the Court of Principal Civil Judge (Senior Division), Machilipatnam filed under Order IX Rule 13 C.P.C. by the revision petitioner/defendant to set aside the ex-parte decree dated 17.08.2004.
2. The suit is filed for partition by the plaintiffs Nos. 1 and 2 against the sole defendant. After an ex-parte decree was passed on 17.08.2004, the defendant filed the petition in I.A. No. 252 of 2005 on 10.09.2004 stating that he could not appear before the Court on the days fixed due to his ill-health i.e. fever and high BP and engaged in the arrangements for the marriage of his son held on 18.08.2004. The petition was opposed by the respondents/plaintiffs by filing counter stating that the petitioner had full knowledge of the appointment of the Commissioner for recording evidence of PW-1 in cross-examination and that PW-1 is an old lady of more than eighty (80) years age and later PW-2 was examined in the Court and further that the petitioner had been given ample opportunity, but the petitioner had
The court established that 'sufficient cause' under Order IX Rule 13 C.P.C. must be liberally construed to ensure justice, allowing for the setting aside of ex-parte decrees when valid reasons for no....
The Court established that a petition under Order IX Rule 13 C.P.C. is maintainable without a formal order setting the defendant ex parte, and the nature of the judgment and decree is determinative i....
A party seeking to set aside an ex parte judgment and decree must demonstrate sufficient cause for non-appearance and file the application within a reasonable time, as per Order 9 Rule 13 CPC and Sec....
A party must demonstrate sufficient cause for non-appearance and file timely applications to set aside ex-parte judgments, supported by evidence.
Order setting defendant ex parte is not sine qua non for entertaining application under Order IX Rule 13 C.P.C.
A defendant may set aside an ex-parte decree if sufficient cause for absence is shown, as per Order 9 Rule 13 of the CPC.
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
The court established that legal representatives of a defendant who has been proceeded against ex parte should have the opportunity to contest the matter, and limitation for setting aside such decree....
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