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RAVI NATH TILHARI, NYAPATHY VIJAY
Vobilineni Sri Raghuram – Appellant
Versus
Vobilineni Likitha – Respondent
JUDGMENT :
Ravi Nath Tilhari, J.
1. Heard Sri K. Satyanandam, learned counsel representing Sri T.V. Jaggi Reddy, learned counsel for the appellant and learned counsel for the respondent appearing through virtual mode.
2. The appellant is of the husband the respondent-wife.
3. The respondent filed H.M.O.P. No. 76 of 2022 seeking divorce under Section 13(1)(ia) of Hindu Marriage Act, 1955. The appellant was set ex-parte by an order dated 06.02.2023. The respondent's (wife) evidence was completed and the matter was posted for orders on 27.02.2023. On 27.02.2023 i.e. the date fixed for delivering of judgment, the appellant filed an application under Order 9 Rule 7 r/w Section 151 CPC which was dismissed and the judgment was pronounced. The appellant thereafter on 29.03.2023 filed an application vide I.A. No. 1 of 2023 under Order 9 Rule 13 CPC to set aside the ex-parte decree dated 27.02.2023, which has been rejected by an order dated 05.02.2024.
4. Challenging the order dated 05.02.2024, the present appeal has been filed.
5. The learned Civil Judge (Senior Division), Tanuku rejected I.A. No. 1 of 2023 under Order 9 Rule 13 CPC, observing that there was no sufficient cause shown in the petit
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 may set aside an ex-parte decree if sufficient cause for absence is shown, as per Order 9 Rule 13 of the CPC.
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
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....
Sufficient cause for setting aside an ex parte decree must be demonstrated, including adherence to procedural rules, with separate legal representation undermining claims of insufficient knowledge.
The importance of satisfying the conditions for setting aside an ex-parte decree and the need for evidence to support claims in legal proceedings.
An ex-parte decree can be set aside if a defendant proves that proper service of summons was not conducted, emphasizing adherence to procedural due process over substantive merit during initial heari....
Setting aside ex-parte decree of divorce – For a defendant to succeed in application for setting aside ex-parte decree, he has to satisfy court that summons was not duly served or that he was prevent....
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