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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Naveen Khanna S/o Late Amolok Ram Khanna – Appellant
Versus
Nabashree Mudoi And Anr S/o Late Harmohon Mudoi – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. D. Saraf, the Learned counsel appearing on behalf of the Petitioner. Mr. H. Das, the Learned counsel appears on behalf of the Respondent No. 1.
2. This is an application filed under Section 115 of the Code of Civil Procedure, 1908 (for short, “the Code”) challenging the judgment and order dated 13.03.2024 passed by the Learned Civil Judge (Senior Division) Kamrup at Amingaon (hereinafter referred to as, “the Learned First Appellate Court”) in Misc Appeal No. 07/2018 whereby the Misc Appeal No. 07/2018 was dismissed thereby confirming the order dated 21.08.2018 passed by the Learned Court of the Munsiff, Kamrup at Amingaon (hereinafter referred to as, “the Learned Trial Court”) in Misc (J) Case No. 88/2016.
3. The question arises in the instant proceedings, as to whether, this Court ought to exercise its revisional jurisdiction against the order dated 13.03.2024.
4. For ascertaining the said aspect of the matter, this Court finds it relevant to take note of the brief facts which led to the filing of the instant proceeding. The parties herein are referred to in the same status as they stood before the Learned Trial Court.
5. From the mater
The court emphasized the necessity of allowing a defendant to participate in proceedings, ruling that procedural errors in ex-parte judgments violate principles of natural justice.
The Trial Court lacked jurisdiction to proceed ex parte when the matter was fixed for interlocutory proceedings, leading to the ex parte decree being set aside.
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.
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.
Procedural due process requires all parties be notified of court hearings to ensure fair representation in proceedings.
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
The Trial Court's decision in favor of the plaintiffs/respondent Nos. 1 and 2 and against the appellant without ensuring notice to the appellant and/or his counsel had been effected was in violation ....
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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