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RAVI NATH TILHARI, CHALLA GUNARANJAN
Shriram Transport Finance Co. Ltd. – Appellant
Versus
K. Adinarayanamma – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. The petitioner-M/s. Shriram Transport Finance Co. Ltd., is the decree holder. An award dated 14.06.2018 in Arbitration Case No.434/2012 was passed in favour of the petitioner and against the respondent Nos.1 and 2.
2. The 3rd respondent is Sole Arbitrator and is served.
3. The respondent Nos.1 and 2 filed application/petition under Section 34 (2) of the Arbitration and Conciliation Act, 1996, for setting aside the award, numbered as Arbitration OP No.540 of 2018 in the Court of the IV Additional District Judge, Kadapa. The petitioner could not appear on 08.11.2019, and also could not file the counter. The petitioner was set ex parte on 08.11.2019. The petitioner filed IA No.1261 of 2019 under Order IX Rule 7 C.P.C., to set aside the order dated 08.11.2019 alongwith the counter. The respondent Nos.1 and 2 filed objection to dismiss IA No.1261 of 2019. The petition IA No.1261 of 2019 has been dismissed vide order dated 24.12.2021 by learned IV Additional District Judge, Kadapa.
4. Challenging the order dated 24.12.2021, the present civil revision petition has been filed under Article 227 of the Constitution of India.
5. Notices were issued to the respond
Procedural rules must favor justice, allowing parties to present their case despite missed timelines if sufficient cause for absence is shown, per Order IX Rule 7 CPC.
Amendments to pleadings post-commencement of trial under Civil Procedure Code are restricted unless due diligence is demonstrated.
Judicial proceedings must ensure that all relevant applications are addressed before execution to uphold the principles of justice and fair trial.
An application under Order IX Rule 13 CPC requires compelling reasons for absence; mere negligence does not justify setting aside an ex-parte decree.
The court established that sufficient cause for non-appearance should be interpreted liberally to ensure justice and the right to a fair hearing.
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
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