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K. MANMADHA RAO
Duvvuru Saraschandra – Appellant
Versus
Sakaria Surekha – Respondent
JUDGMENT :
(K. Manmadha Rao, J.)
As the issue involved in these three matters is one and the same, these matters are taken up together for disposal by this Common Order.
2. Originally, the suit in O.S.No.196 of 2016 was filed by the plaintiff for recovery of amount of Rs.20,16,209/- on the file of I Additional District Judge, Nellore (for short "the Court below") from the defendants together with costs. When the suit was posted on 02.12.2021 for trial, the plaintiff filed PW1 affidavit and all documents were marked. However, as the defendants called absent on that day, they were made set ex parte and the matter was posted for judgment on 15.12.2021. When the defendants came to know that the matter was posted for judgment, immediately they moved the present impugned applications vide LA No.436 of 2021 under Order IX Rule 9 CPC read with Section 151 CPC seeking to set aside the ex parte order dated 02.12.2021; I.A No.437 of 201 under Section 151. CPC seeking to reopen the above suit for cross examination of PW1 and PW2 and for costs and I.A No.438 of 2021 under Order XVIII Rule 17 CPC read with Section 151 CPC seeking to recall PW1 and PW2 for the purpose of cross examination. The sam
A party should not suffer due to the negligence of their advocate, emphasizing the right to a fair hearing and the importance of cross-examination.
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....
The importance of being present in person before the court and the right to conduct cross-examination despite the absence of counsel.
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....
Each defendant in civil proceedings must fulfill their obligation independently. Persistent negligence cannot justify setting aside an ex parte order.
Litigants must remain vigilant in their legal representation; absence due to counsel's instruction without good cause does not justify setting aside ex parte orders.
On setting aside an ex-parte judgment and decree, defendants may participate in the suit proceedings and cross-examine witnesses, even if they did not file the written statement.
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