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ARUN DEV CHOUDHURY
Prokash Datta S/o Prabin Datta – Appellant
Versus
Pranjit Agarwala S/o Late Debabrata Agarwala – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. A.R. Borooah learned counsel for the petitioner and Mr. B. Pathak, learned counsel for the sole respondent.
2. The present application is filed assailing an order dated 29.10.2021 passed by the learned Civil Judge No. 1, Kamrup (M) in Misc. (J) Case No. 453/2020 arising out of Money Execution Case No. 36/2018.
3. The background facts:
(II) Thereafter, the learned trial court issued summons to the petitioner and the learned trial court satisfied that summons have duly been served upon the defendant/present petitioner on 28.12.2017.
(III) As none did appear for the defendant, the learned trial court on 12.2.2018, fixed the suit for judgment on 17.3.2018. Thereafter, ex-parte judgment was delivered on 23.5.2018 and decreed the suit in favour of the plaintiff.
(IV) Subsequently, the petitioner herein filed an application under Order 37 Rule 4 of the CPC which was
The appeal filed under Order 43 Rule 1 does not countenance an appeal against the Order passed under Order 37 Rule 4 of CPC.
The main legal point established in the judgment is that appeal is a statutory right and must be explicitly provided for in a statute. The judgment also emphasizes the principles governing a suit und....
The court ruled that failure to serve summons for judgment invalidates an ex parte judgment, emphasizing the mandatory nature of procedural requirements under Order 37 of the CPC.
Setting aside of ex parte judgment and decree – Defendant is obliged to apply for leave to defend only after he has been served with summons for judgment.
The court ruled that a defendant's failure to comply with conditions of leave under Order XXXVII Rule 4 justifies the decree, and the application to set aside the decree was not competent as it was n....
The failure to demonstrate 'special circumstances' under Order 37 Rule 4 of the CPC precludes a party from setting aside an ex parte decree for non-appearance.
The executing court cannot go behind the decree and must execute it as it is, without considering new objections raised in a revision that were not part of the original application.
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