Back
DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Synergytech Automation Pvt. Ltd. – Appellant
Versus
SMC Corporation (India) Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. appellant's application for setting aside ex-parte decree. (Para 1 , 3 , 4 , 5 , 6) |
| 2. adjudication of sufficient cause for non-appearance. (Para 2) |
| 3. interpretation of 'sufficient cause' in law. (Para 8 , 9 , 10) |
| 4. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
1. By virtue of the present appeal, Appellant-original Defendant before learned trial court, has impugned the judgement dated 16.12.2021 (hereinafter referred as the "impugned judgment") passed by learned trial court dismissing its application under Order IX Rule 13 of The Code of Civil Procedure, 1908 (hereinafter referred as the "Code") for setting aside ex-parte judgment and decree dated 22.02.2020 (hereinafter referred as the "ex-parte decree").
2. In the present appeal the sole issue for adjudication before us is "Whether the appellant was able to show that it was prevented by sufficient cause from not appearing before the learned trial court?" For this, we have considered the arguments addressed by the learned counsel for appellant based on the material on record before us coupled with the conduct of appellant before the learned trial court.
3. Respondent-original Plaintiff before lear
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 under Order 9 Rule 13 CPC and the requirement for the party to approach the court with ....
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 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....
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
