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PRASENJIT BISWAS
Sandhya Ghosh (Since Deceased) Substituted by Sankar Ghosh – Appellant
Versus
Aloke Das (Since Deceased) Substituted by Smt. Bela Das – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. In this revision petition, the assail is to the order dated September 30, 2004 passed by the learned Additional District Judge, 1st Court, II, Sealdah in Miscellaneous Appeal No. 108 of 2000 by which the order passed by the learned Civil Judge (Junior Division), 1st Court, Sealdah dated August 22, 2000 passed in Miscellaneous Case No. 48 of 1999 is affirmed.
2. Being aggrieved by and dissatisfied with the order passed by the First Appellate Court, the present petitioners have filed this application under Article 227 of the Constitution of India.
3. Filtering the unnecessary details, the facts which are requisite to be frescoed for the purpose of disposal of the present revision petitions are that-the opposite parties filed a Title Suit Being No. 312 of 1986 against the present petitioners before the Trial Court with a prayer for getting a decree for declaration that they are entitled to 63/200 shares in respect of the case property and for partition of the suit property by metes and bounds according to their shares. After getting summon the petitioner no. 2 entered appearance in that suit and filed written statement denying the averments as made out i
The concept of 'sufficient cause' under Order IX Rule 13 CPC must be judged objectively, and the party seeking to set aside an ex-parte decree must provide a reasonable cause for their non-appearance....
The court upheld the trial court's discretion in rejecting the application to restore a suit dismissed for default, finding no sufficient cause for the appellants' absence during proceedings.
The discretion of the trial court to set aside an ex parte decree under Order IX Rule 13 CPC is essential to ensure a fair trial, particularly when the opposing party has not been given a reasonable ....
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.
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
No limitation under Article 137 for Order IX Rule 7 CPC; ex parte parties may participate in ongoing proceedings if good cause shown.
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