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MANOJ KUMAR OHRI
Onicra Credit Rating Agency India Ltd. – Appellant
Versus
Rohan Kumar – Respondent
JUDGMENT
Manoj Kumar Ohri, J. (Oral)
CM APPL. 22674/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
FAO 110/2023 and CM APPL. 22673/2023 (Stay)
3. By way of the present appeal filed under Section 104 CPC, the appellant seeks setting aside of order dated 10.01.2023 passed by the learned ADJ-02, South West, Dwarka Courts, Delhi in MISC DJ ADJ 86/2020 dismissing its application filed under Order 9 Rule 13 CPC.
4. The necessary facts for disposal of the present appeal are that the respondent/plaintiff filed a suit for recovery alongwith the pendente lite and future interest etc.
5. In the plaint, it was claimed that the respondent was an ex- employee of the appellant company. He was appointed vide appointment letter/agreement dated 30.06.2015 and remained in service from 08.09.2015 to 06.09.2016 as Dy. General Manager at a salary of Rs.1,65,000/- per month. It was further claimed that his salary was revised to Rs. 1,74,733 w.e.f. 01.04.2016 vide increment letter dated 25.05.2016. Feeling aggrieved by the non-payment of the revised salary, the underlying suit came to be filed.
The appellant/defendant was proceeded ex-parte vide order
The main legal point established in the judgment is the interpretation of 'sufficient cause' under Order 9 Rule 13 CPC, emphasizing that it is an elastic expression to be determined based on the fact....
The main legal point established is the interpretation of 'sufficient cause' under Order IX Rule 13 CPC, emphasizing that it must demonstrate the absence of negligence or lack of bona fide on the par....
The main legal point established in the judgment is that 'sufficient cause' for non-appearance under Order IX Rule 13 CPC should be construed liberally, considering the specific facts and circumstanc....
The burden of proof lies with the party asserting non-service of summons; failure to provide evidence results in dismissal of the application to set aside ex parte decrees.
The court emphasized that negligence in representation and the absence of sufficient cause to justify non-appearance can prevent setting aside an ex-parte decree under CPC.
The main legal point established in the judgment is the need for a liberal and sensitive approach by the courts in setting aside ex parte decrees, considering the circumstances of the defendant and t....
The main legal point established in the judgment is the interpretation of 'sufficient cause' for non-appearance of the defendants under Order XXXVII CPC and the importance of giving the correct addre....
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