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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
Guduru Raja Gopal S/o Late Gopaiah – Appellant
Versus
Lebaka Lakshmi Narayana Reddy S/o Rama Subba Reddy – Respondent
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JUDGMENT :
CHALLA GUNARANJAN, J.
1. Present appeal is preferred assailing order dated 09.01.2024 passed in I.A. No.1666 of 2021 in O.S. No.36 of 2016 on the file of Principal District Judge, Kadapa, rejecting application filed under Order 9 Rule 13 of CPC for setting aside ex parte decree dated 19.03.2020.
2. For the sake of convenience, parties herein will be referred to as they were arrayed before the Tribunal.
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(a) Initially, O.S. No.36 of 2016 was filed by plaintiff against four defendants for recovery of amount of Rs. 18,17,640/- along with future interest @ 36% per annum. The suit was based on plea that defendants 1 to 4 borrowed sum of Rs. 5,10,000/- from plaintiff on 12.02.2013 for their family necessities by executing registered conditional mortgage deed by Doc.No.6124 of 2013, which mortgaged an extent of Acres 0.30 cents in Survey No.98/2 of Ramarajupalle Village, Kadapa Municipal Corporation. Aforesaid amount was stated to be borrowed for an interest of 36% per annum, repayable within two years.
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(b) Besides, defendants 1 to 3 also stated to have borrowed further sum of Rs. 9,90,000/- on 31.12.2013 for family needs under unregistered debt deed, in total, Rs. 15,00,000
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.
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
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....
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....
An ex-parte decree can only be set aside if sufficient cause for non-appearance is demonstrated, which was not established in this case.
An ex parte decree against a minor or person of unsound mind without proper representation is void and can be challenged under O.9, R.13, CPC.
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 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....
Litigants should not suffer for the negligence of their lawyers; courts should allow cases to be heard on merits rather than on technicalities.
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