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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DEVAN M.DESAI
Krishnan Satishbhai Patel – Appellant
Versus
Pankaj Vasantlal Jain – Respondent
JUDGMENT :
DEVAN M. DESAI, J.
1. By way of present Appeal, the present appellants have challenged the order dated 12.9.2025 passed by the learned Judge of City Civil & Sessions Court, Ahmedabad in Civil Misc. Application (DC) No.155 of 2024 below Exh.23, by which, the application of present appellants to restore Civil Suit No.908 of 2021 was rejected under Order 9 – Rule 13 of Code of Civil Procedure, 1908 (For short, hereinafter referred to as 'the CPC ’).
2. Heard learned advocate Mr. Y. N. Ravani for the appellants. Perused the record.
3. The brief facts of the case are as under:
4. A civil suit was filed by the present respondent - original plaintiff for the recovery of possession of the suit property, which is situated at District Sub District Ahmedabad – 4 (Paldi) being T.P. Scheme No.26, Final Plot No.147 of village Vasna, Taluka Sabarmati. An ex-parte judgment and decree came to be passed by the learned trial Court on 1.2.2024 in favour of the respondent – plaintiff. The original defendant- mother of present petitioner expired after the judgment and decree on 24.2.2024. An application under Order 9 – Rule 13 of the CPC for setting aside the judgment and decree came to be file
Sufficient cause must be established for setting aside an ex-parte decree; mere ignorance post-death of a defendant does not suffice.
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.
The court emphasized the liberal construction of 'sufficient cause' for setting aside an ex parte decree and the need to balance the interests of both parties to prevent miscarriage of justice.
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
The court emphasized the necessity of adhering to procedural rules under the Code of Civil Procedure to ensure that ex-parte decrees are justly administered and not issued without proper evidence of ....
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