Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE BIRENDRA KUMAR, J
Surendra Kumar – Appellant
Versus
Chainroop – Respondent
ORDER :
(BIRENDRA KUMAR, J.)
1. Heard the parties.
2. The background of this case is that the plaintiff had brought the suit for ejectment and arrears of rent against the appellant bearing Civil Suit No.8/2018. On 06.11.2020, the Court adjourned the matter, by way of last chance to the defendant (appellant herein), for 25.11.2020. On 25.11.2020, the counsel for the defendant (appellant) informed the Court that he has no instruction from the client. On the same day, the trial judge passed the impugned judgment and decree ex-prate. The said judgment was initially challenged in a misc. appeal before the District Judge. The Misc. Appeal was dismissed. Thereafter, Civil First Appeal No.9/2020 was preferred before the District Judge and that Civil First Appeal was also dismissed by judgment and decree dated 23.11.2023.
3. Contention of learned counsel for the appellant is that the learned trial Judge as well as First Appellate Court did not consider that on the date the impugned judgment was passed by the trial Judge, the Covid was at its peak. Moreover, the trial judge did not follow the procedure prescribed under Order IX CPC. The trial Judge should have fixed the case first for ex-parte h
The court emphasized the necessity of following procedural mandates in ex-parte hearings to ensure the defendant's right to present their case is not compromised.
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.
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 court established that 'sufficient cause' under Order IX Rule 13 C.P.C. must be liberally construed to ensure justice, allowing for the setting aside of ex-parte decrees when valid reasons for no....
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.
Litigants should not suffer due to the negligence of their counsel; sufficient cause must be shown to set aside ex-parte decrees.
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 failure to file an application for condonation of delay when seeking to set aside an ex parte decree under Order IX Rule 13 CPC is a fatal procedural defect, leading to dismissal of the applicati....
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
