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CHANDRA DHARI SINGH
Ramesh Chander Goel – Appellant
Versus
Master Chirag Goel (Minor) – Respondent
JUDGMENT :
[Chandra Dhari Singh, J.]
I.A. 22166/2022 (Under Order IX Rule 13)
1. The instant application under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter as “CPC”) has been filed on behalf of the applicant seeking setting aside ex-parte decree dated 11th November, 2022 passed by the predecessor of this Court in CS(OS) 1239/2008 and CS(OS) 1240/2008.
2. For the sake of convenience, the nomenclature of the parties will, hereinafter, be used as “applicant” for defendant and “non-applicant” for plaintiff.
3. The plaintiff/non-applicant filed the suit bearing no. CS(OS) 1239/2008 and CS(OS) 1240/2008 seeking recovery of Rs. 3,15,57,680/- (Rupees Three Crores Fifteen Lakhs Fifty Seven Thousand Six Hundred and Eighty Only) and Rs. 1,54,43,120/- (Rupees One Crores Fifty Four Lakhs Forty Three Thousand One Twenty Only) along with pendent lite and future interest.
4. The applicant had filed written statements in both the suits in response to the plaint. Since the aforesaid recovery suits were based on alleged identical transactions, the said suits were consolidated vide order dated 1st May, 2019 passed in CS(OS) 1239/2008.
5. Ms. Anusuya Salwan, le
A party seeking to set aside an ex-parte decree must demonstrate sufficient cause for absence, avoiding negligence and ensuring timely notification to the court.
Litigants should not suffer due to the negligence of their counsel; sufficient cause must be shown to set aside ex-parte decrees.
Diligence and vigilance are essential in legal proceedings, and seeking mercy at the appellate stage without establishing a good ground does not advance the cause of justice.
The main legal point established in the judgment is the interpretation of 'sufficient cause' for non-appearance under Order 9 Rule 13 CPC and the requirement for the party to approach the court with ....
The court established that 'sufficient cause' under Order IX Rule 13 C.P.C. must be liberally construed to ensure justice, allowing for the setting aside of ex-parte decrees when valid reasons for no....
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