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VINAY JOSHI
Jyoti Mahesh Agrawal – Appellant
Versus
Deputy Chief Engineer – Respondent
JUDGMENT
1. RULE. Rule is made returnable forthwith.
2. Heard finally by consent learned Counsel appearing for the parties.
3. This batch of petition raises a common question for consideration about the legality and validity of the impugned orders passed under Order IX Rule 13 of the Code of Civil Procedure (the Code) thereby treating orders to be ex-parte. For the sake of convenience all petitions are taken together for disposal.
4. Petitioners are the owner of different pieces of agricultural land which was proposed to be acquired for the Wardha to Nanded Rail Project. The acquisition proceeding has commenced by publication of preliminary notification under Sec. 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (' the of 2013'). It was followed by publication of declaration and notices to interested persons, in terms of Sec. 19 and 21 of theof 2013. After holding necessary inquiry respondent no. 3 has passed different Awards in terms of Sec. 23 of theof 2013 determining compensation. Being aggrieved and dissatisfied by the quantum of compensation, the claimants (land owners) made a Reference in terms of Sec. 64 of
The court emphasized the necessity of allowing a defendant to participate in proceedings, ruling that procedural errors in ex-parte judgments violate principles of natural justice.
The court emphasized the liberal construction of 'sufficient cause' for setting aside an ex parte decree and the need to balance the interests of both parties to prevent miscarriage of justice.
The main legal point established in the judgment is the applicability of rules 8 and 9 of Order IX of the Code of Civil Procedure to reference proceedings under the Land Acquisition Act.
It is not required for a defendant to vacate an order to proceed ex-parte if hearing of the suit has not concluded.
The main legal point established in the judgment is the need for a liberal and sensitive approach by the courts in setting aside ex parte decrees, considering the circumstances of the defendant and t....
A reference Court is bound to issue notice to all interested persons and proceed to determine the reference under Sec. 20 of the Land Acquisition Act, even if the person at whose instance the referen....
Ex parte decree – A party cannot be allowed to take advantage of his own fault at cost of prejudice to adversary - Courts have committed no error in holding that petition under Order IX Rule 13 C.P.C....
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