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IN THE HIGH COURT OF DELHI AT NEW DELHI
NITIN WASUDEO SAMBRE, ANISH DAYAL
Krishan Lal @ Raj Suneja – Appellant
Versus
Surinder Mohan Jindal – Respondent
| Table of Content |
|---|
| 1. representation failure leads to ex parte decree (Para 4 , 5 , 6 , 8 , 9 , 10 , 11) |
| 2. arguments against sufficient cause and equities (Para 12 , 13 , 14 , 15 , 16) |
| 3. courts should consider lawyer's inaction (Para 17 , 18 , 19 , 21 , 22) |
| 4. failure of lawyer does not penalize litigant (Para 20 , 34 , 35 , 36) |
| 5. order quashed with conditions for ex parte decree (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
JUDGMENT :
NITIN WASUDEO SAMBRE, J.
1. Heard the respective counsels.
2. The challenge in the present proceedings is to the impugned order dated 19th July, 2025, passed by the District Judge (Commercial Court)- 05, West, Delhi in Case No. MiscDJ/610/2025 titled as Surinder Mohan Jindal Vs. Krishan Lal @ Raj Suneja .
3. The aforesaid order was passed by the District Judge in exercise of powers under Order IX Rule 13 of the Code of Civil Procedure 1908 (“CPC”), whereby the prayer of the present appellant (original defendant/Judgement Debtor) for setting aside the ex parte decree came to be dismissed.
4. The facts necessary for deciding the present appeal are that the respondent (original plaintiff/Decree Holder) initiated proceedings for recovery of Rs.1,01,97,21
Litigants should not suffer for the negligence of their lawyers; courts should allow cases to be heard on merits rather than on technicalities.
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.
A party seeking to set aside an ex parte judgment and decree must demonstrate sufficient cause for non-appearance and file the application within a reasonable time, as per Order 9 Rule 13 CPC and Sec....
Sufficient cause for setting aside an ex parte decree must be demonstrated, including adherence to procedural rules, with separate legal representation undermining claims of insufficient knowledge.
A party must demonstrate sufficient cause for non-appearance and file timely applications to set aside ex-parte judgments, supported by evidence.
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 court established that legal representatives of a defendant who has been proceeded against ex parte should have the opportunity to contest the matter, and limitation for setting aside such decree....
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
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