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MALASRI NANDI
Sajo Bagang, S/o Shri Tachang Bagang – Appellant
Versus
Mema Bagang, W/o Late Sema Bagang – Respondent
JUDGMENT :
Heard Mr. C. Modi, learned counsel for the petitioner. None has appeared for the sole respondent.
2. The petitioner has filed this petition under Article 227 of the Constitution of India read with Section 115 of the CPC praying for quashing of the impugned order, dated 14.08.2023 passed by the learned District Judge, Yupia in connection with Money Appeal No.02/2023 filed against the Ex-parte decree/order, dated 05.04.2018 passed by the learned Civil Judge (Senior Division), Yupia in Money Suit No. 102/2015.
3. The factual matrix leading to filing of this revision petition is that in the year 2014, the petitioner along with five other persons took a loan of Rs.3,00,000/-(Rupees Three Lakhs) from one Smti. Nime Yangfo for a common purpose. While lending the said money, the lender had taken 2 (two) strings of local ornaments (Tadok) as the security of the said loan amount but the petitioner along with other persons who took the loan have failed to repay the same. Subsequently, an agreement was executed between the petitioner on 27.02.2014 amongst the borrowers for paying back the said loan amount to the lender. But as they failed to repay the loan amount, one suit was institut
Irregularity in the service of notice can lead to setting aside of orders and allowing further proceedings.
The principle of deemed service and the requirement for sufficient cause in delay condonation applications are crucial in determining the validity of service of summons and the acceptance of delay co....
Proper service of notice is essential in execution proceedings; failure to follow mandatory procedures renders ex-parte orders invalid.
The limitation period for challenging an ex-parte order starts from the date of knowledge of the order, not the date it was issued.
The court emphasized the necessity of effective service of summons and adherence to procedural mandates in civil proceedings.
Conditions for setting aside an ex parte decree must be reasonable, and delays in filing applications must be adequately explained.
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