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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Rushiya Bibi – Appellant
Versus
Md. Roushan Ali Mondal – Respondent
| Table of Content |
|---|
| 1. plaintiffs aggrieved by prior court order. (Para 1 , 3) |
| 2. court discusses procedural fairness and timelines. (Para 2 , 11 , 15) |
| 3. plaintiffs argue against defendant's belated participation. (Para 4 , 6 , 7) |
| 4. court remits case for reconsideration of ex-parte order. (Para 19) |
| 5. court orders expedited resolution and possible mediation. (Para 20 , 21) |
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. The petitioners before this Court are the plaintiffs in a suit for pre-emption and is aggrieved by the Order dated 23-09-2024 passed by Learned Civil Judge Junior Division 1st Court Barasat North 24 Parganas in allowing the petition filed by the opposite party No-1 to allow him to contest the suit by filing written statement and setting aside the order fixing the case for exparte hearing.
2. On the application filed by the opposite party no-1/Defendant no-1 before the Learned Trial Court for setting aside Order fixing T.S. 431 of 2010 for Exparte hearing against opposite party no-1 by Learned Civil Judge (Junior Division) 1st Court Barasat North 24 Parganas the Learned Judge decide the same by observing as follows:
‘In the light of the above deliberation, it is evident that an opportuni
The court emphasized procedural fairness in civil trials, ruling that time extensions for filing should not be routine but based on justifiable reasons, allowing parties their due process rights.
The right to defend one's case is prioritized, allowing the defendant to contest a suit after compensating for any prejudice caused to the plaintiff.
Timelines for filing written statements in commercial disputes may be adjusted by the court during transfer, rather than mandating strict adherence to previous civil procedure timelines.
No limitation under Article 137 for Order IX Rule 7 CPC; ex parte parties may participate in ongoing proceedings if good cause shown.
The time limit for filing a written statement can be extended only in exceptionally hard cases, and the court's discretion to extend the time should not be routinely exercised.
Setting aside ex-parte decree – Once ex-parte decree is set aside and suit is restored to file, defendants cannot be relegated back to position prior to date of hearing of suit.
A decree passed ex-parte due to the failure to file a written statement within the prescribed time is not covered under Order IX Rule 13 of the Code, and therefore, the Court has no jurisdiction to s....
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