In the interest of justice and equity, the Court may set aside an exparte order and provide an opportunity for the petitioner to participate in the proceedings by filing a written statement.

JUDGMENT

1. The petitioner being aggrieved by the order dtd. 2/9/2021 passed on I.A.Nos.3 and 4 in O.S.No.6780/2014 by the VII Additional City Civil Judge, Bengaluru (CCH-19), has filed this writ petition.

2. Brief facts leading rise to filing of this petition are as under:

The respondent has filed a suit in O.S.No.6780/2014 seeking for the relief of specific performance of contract. In the said suit, summons was issued by the Trial Court to the petitioner. The petitioner has refused to receive the summons. The Trial Court has placed the petitioner as exparte vide order dtd. 20/9/2014. The petitioner thereafter filed an application to set aside the exparte order dtd. 20/9/2014 and also sought for permission to file written statement and also filed an application to reopen the case. The Trial Court vide order dtd. 2/9/2021, has rejected the said applications. Hence, the petitioner has filed this writ petition.

3. Heard learned counsel for the petitioner and learned counsel for respondent.

4. Learned counsel for the petitioner submits that the Trial Court has committed an error in passing the impugned order. If the petitioner is permitted to participate in the proceedings, no injustice would be caused to the respondent. He further submits that the Trial Court ought to have taken lenient view in passing the impugned order on I.A.Nos.3 and 4 in rejecting the applications filed by the petitioner. Hence, on these grounds, he prays to allow the writ petition.

5. Per contra, learned counsel for the respondent submits that though the Trial Court has issued summons to the petitioner, the petitioner has refused to accept the summons. Hence, he submits that the petitioner has purposefully filed an application after lapse of 6 years 6 months from the date of placing the petitioner exparte. He further submits that the Trial Court was justified in rejecting the said applications. Hence, on these grounds, he prays to dismiss the writ petition.

6. Perused the records and considered the submissions made by learned counsel for the parties.

7. Admittedly, the respondent has filed a suit for specific performance of contract. The suit involves right of the immovable property. Though, notice was issued by the Trial Court, the petitioner has refused to receive the summons. However in the interest of justice, if an opportunity is provided to the petitioner to file written statement, no injustice would be caused to the respondent. Hence, in the interest of justice and equity the impugned orders passed by the Trial Court is liable to be set aside.

Accordingly, I proceed to pass the following order:

O R D E R

i. Writ petition is allowed.

ii. The impugned order is set aside, I.A.Nos.3 and 4 are allowed subject to payment of cost of Rs.15,000.00 payable to the respondent.

iii. The Trial Court is directed to dispose of the suit as expeditiously as possible.

iv. Petitioner is directed to co-operate for the early disposal of the suit.