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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Rushiya Bibi – Appellant
Versus
Md. Roushan Ali Mondal – Respondent
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 opportunity of hearing is a quintessential feature of a fair trial.
The function of a processual law is to facilitate justice and further its ends, and therefore it must be construed liberally and in such manner as to render the enforcement of substantive rights effective. The denial of relief on the score of mistake and negligence is abdominal to the rules of procedure.
The Co
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.
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....
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.
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