Back
PANKAJ BHANDARI
Dilip Kumar Son of Shri Bhanaram – Appellant
Versus
Bajrang Lal Bhargava Son of Shri Sukharam – Respondent
ORDER
1. Petitioner has preferred this Civil Writ Petition aggrieved by order dated 04.09.2018 passed by Additional Sessions Judge No.2, Jhunjhunu (Raj.), whereby, application under Order 9 Rule 13 read with Section 151 of C.P.C. filed by the petitioner was dismissed.
2. It is contended by counsel for the petitioner that ex-parte proceedings took place because of absence of advocate. Advocate did not inform the petitioner about ex-parte proceedings and it is only when the ex-parte decree order was passed on 22.03.2018 and notice thereof was given by the respondent, that petitioner came to know about the passing of the decree order. Petitioner, thereafter, moved an application under Order 9 Rule 13 read with Section 151 of C.P.C. for setting-aside the ex-parte decree order, which application was dismissed by the Court on 04.09.2018, aggrieved by which, present Civil Writ Petition has been filed. It is also contended that if lapses are on part of the advocate, client cannot be made to suffer.
3. Counsel for the petitioner has placed reliance on 'The Secretary, Department of Horticulture, Chandigarh & Anr. vs. Raghu Raj (Civil Appeal No.6142/2008 arising out of Special Leave Petition (C
A party's failure to appear and respond in a timely manner, despite having representation, does not constitute sufficient grounds to set aside an ex-parte decree under Order 9 Rule 13 of the C.P.C.
A party must demonstrate sufficient cause for non-appearance and file timely applications to set aside ex-parte judgments, supported by evidence.
A party seeking to set aside an ex parte judgment and decree must demonstrate sufficient cause for non-appearance and file the application within a reasonable time, as per Order 9 Rule 13 CPC and Sec....
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
Litigants should not suffer due to the negligence of their counsel; sufficient cause must be shown to set aside ex-parte decrees.
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.
Diligence and vigilance are essential in legal proceedings, and seeking mercy at the appellate stage without establishing a good ground does not advance the cause of justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
