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DIVYESH A. JOSHI
L R Of Balvantrai Natvarlal Patel – Appellant
Versus
Arunaben Natvarlal Patel – Respondent
JUDGMENT :
1. With the consent of the parties, the present Appeal from Order has been taken up for final disposal.
2. By filing present Appeal from Order 43, Rule 1(d) of the Code of Civil Procedure, the appellants have challenged the judgment and order dated 25.06.2024 passed by the learned Additional City Civil Judge (Court No.15), City Civil & Sessions Court, Ahmedabad in Civil Misc. Application No.95/2020, whereby the application preferred by the appellants under Order 9, Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC” for short) came to be rejected.
3. The brief facts leading to filing of the present Appeal from Order are as under,
3.1 The respondent herein had filed Civil Suit No.645/1994 before the learned City Civil Court, Ahmedabad inter alia praying for partition of the property being Sub Plot Nos.3, 10 & 11 admeasuring 937.55 Sq.Mtrs., 2573 Sq.Mtrs. and 802.32 Sq.Mrs. respectively situated in Town Planning Scheme No.29, Final Plot No.127 at Vadaj, Ahmedabad as also property situated at Shahpur, which is an ancestral property (hereinafter referred to as “the suit properties” for short). Thus, the suit was filed between the family members.
3.2 On
The court upheld the trial court's discretion in rejecting the application to restore a suit dismissed for default, finding no sufficient cause for the appellants' absence during proceedings.
Bar under Order IX Rule 9 of the Code does not apply in a suit for partition, since the right to enforce partition is a legal incident of a joint tenancy, and as long as such tenancy subsists, any of....
Sufficient cause must be established for setting aside an ex-parte decree; mere ignorance post-death of a defendant does not suffice.
The court reaffirmed that ex parte decrees can only be issued where proper notice is given, and that procedural irregularities void such decrees.
The court emphasized that technicalities should not be allowed to annul the adjudication made by the trial court and the appellate authorities, and that substantial justice should be done to the liti....
The service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
Lack of knowledge about an ex parte decree can be a sufficient cause for condonation of delay in filing a petition under Order IX Rule 13 CPC.
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