Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
BIBHU DATTA GURU
Kamla Prasad Jaiswal, S/o Ramjanam Jaiswal – Appellant
Versus
Dhola Das, S/o Dhanu Das – Respondent
| Table of Content |
|---|
| 1. arguments presented by both parties regarding the application under cpc. (Para 3 , 4) |
| 2. court's observations regarding procedural adherence and reasons for upholding the lower court's decisions. (Para 5 , 6 , 7 , 8) |
| 3. court highlights the necessity for clear justification for absence under cpc. (Para 9) |
| 4. final ruling dismissing the petition for lack of merit. (Para 10 , 11) |
JUDGMENT :
1. The petitioner preferred the present petition under Article 227 of the Constitution of India against the order dated 25.07.2018 passed by the Second Additional District Judge, Surajpur in Misc.Civil Appeal No. 04/2017, (Kamla Prasad Jaiswal Vs. Dola Das & Others) by which the appeal of the petitioner has been rejected and maintained the order dated 10.02.2017, passed by the Second Civil Judge Class-I, Surajpur, in Misc. Civil Suit No. 22/15, whereby an application moved by the petitioner under Order 9 Rule 13 of the CPC was rejected.
3. Learned counsel for the petitioner would submit that the petitioner came to know about the ex parte judgment of the trial Court when he received notice issued by the Tehsildar Pilkha on 31.03.2009. Learned counsel would submit that in the applicatio
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
Only a defendant in a suit can file an application under Order 9, Rule 13 CPC to set aside an ex-parte decree; a non-party lacks locus standi.
The court emphasized the necessity of adhering to procedural rules under the Code of Civil Procedure to ensure that ex-parte decrees are justly administered and not issued without proper evidence of ....
An ex-parte decree can be set aside if a defendant proves that proper service of summons was not conducted, emphasizing adherence to procedural due process over substantive merit during initial heari....
Litigants should not suffer due to the negligence of their counsel; sufficient cause must be shown to set aside ex-parte decrees.
A defendant may set aside an ex-parte decree if sufficient cause for absence is shown, as per Order 9 Rule 13 of the CPC.
Once an ex-parte decree is merged with an appellate decree, an application under Order 9 Rule 13 CPC is not maintainable as per legislative intent.
Sufficient cause must be established for setting aside an ex-parte decree; mere ignorance post-death of a defendant does not suffice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
