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RAVI NATH TILHARI
Mortha Lakshmi – Appellant
Versus
Pithani Lakshman Kishore – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri M.V. Suresh, learned counsel, who appears for the petitioner through virtual mode.
2. Perused the material on record.
3. Petitioner is the plaintiff in the suit O.S. No. 225 of 2014 on the file of the IV Additional District Judge, Kakinada, East Godavari District, which was filed for recovery of money. The said suit was decreed on 18.06.2019. the respondent/defendant filed application under Order 9 Rule 13 of the Code of Civil Procedure (in short ‘CPC’) to set aside the decree on the ground that the same was ex-parte and on the date 18.06.2019 the defendant could not appear due to serious medical condition of his wife who was admitted in the hospital. The medical certificates were also filed to prove that contention. The petitioner filed the objections/counter denying the correctness and that those were not the tenable grounds.
4. Considering the submissions and finding that the cause shown was sufficient, supported by medical certificate/records, which indicated that the respondent’s wife was admitted in hospital, the Court did not find any reason to discard such medical record, the decree has been set aside and that the suit has been resto
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.
An ex-parte decree can only be set aside if sufficient cause for non-appearance is demonstrated, which was not established in this case.
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
Litigants should not suffer due to the negligence of their counsel; sufficient cause must be shown to set aside ex-parte decrees.
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 decree passed ex-parte due to the failure to file a written statement within the prescribed time is not covered under Order IX Rule 13 of the Code, and therefore, the Court has no jurisdiction to s....
Order setting defendant ex parte is not sine qua non for entertaining application under Order IX Rule 13 C.P.C.
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
In the case which does not fall within four corners of Order IX Rule 13 of CPC, Court has no jurisdiction to set aside ex-parte decree.
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