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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA, J
SHRI BHAWANI SHANKAR TIWARI S/O LATE SHRI DEVI PRASAD TIWARI – Appellant
Versus
BALRAM JHAKHAD S/O SHRI KESHARAM – Respondent
CW / 1919 / 2025
Order :
1. This civil writ petition has been filed by the petitioner-defendant No. 6 (for short ‘the defendant’) against the order dated 14.07.2023 passed by Additional Civil Judge No. 2, Sikar in civil suit No. 36/2017, whereby the application filed by the defendant Nos.5 and 6 under Order 9 Rule 7 read with Section 151 CPC has been dismissed which was filed against the order dated 02.11.2018 passed by trial court, whereby exparte proceedings were initiated against defendant Nos. 5 and 6.
2. Learned counsel for the defendant submits that the respondent No. 1-plaintiff (for short ‘the plaintiff’) filed a civil suit against the defendants for specific performance of the agreement dated 24.07.1999 and declaration of patta No.4842 dated 12.02.2013 as null and void etc. and permanent injunction, in which due to unavoidable reasons, defendant could not appear before the trial Court on 02.11.2018. As a result of which, ex parte proceedings were initiated against him. After that, on 12.09.2019 defendant filed an application under Order 9 Rule 7 CPC before the trial court but the trial court vide order dated 14.07.2023 dis- missed the application filed by the defendant. He further submits that absence of the defendant was bona fide. Therefore, in the in- terest of justice, the impugned orders dated 02.11.2018 and 14.07.2023 passed by the trial court be set aside and one more opportunity be granted to the defendant to file the written statement before the trial court.
3. I have considered the arguments advanced by the learned counsel for the defendant and perused the impugned orders.
4. Taking into consideration the facts and circumstances of the case and in the interest of Justice, I deem it fit to allow the petition filed by the defendant on cost.
5. Accordingly, petition filed by the defendant is allowed. The orders dated 14.07.2023 and 02.11.2018 passed by the trial Court are set aside. The trial court is directed to grant only one opportunity to the defendant to file the written statement, subject to payment of cost of Rs.25,000/- by the defendant to the plaintiff on or before next date of hearing, failing which no opportunity shall be granted by the trial Court to the defendant for filing the written statement.
6. Pending application(s), if any, stand(s) disposed of.
The court emphasized the necessity of granting a party an opportunity to present its case when absence is justified, reinforcing principles of fairness in legal proceedings.
The court may allow the restoration of suit proceedings if genuine reasons for non-appearance are presented and in the interest of Justice, granting one more opportunity to complete the proceedings.
In the interest of justice and equity, the Court may set aside an exparte order and provide an opportunity for the petitioner to participate in the proceedings by filing a written statement.
The right to defend one's case is prioritized, allowing the defendant to contest a suit after compensating for any prejudice caused to the plaintiff.
The defendant's right to defend the litigation and the timely filing of the petition and written statement are valid reasons to set aside an exparte decree.
The court allows a defendant to file an additional written statement to avoid multiplicity of proceedings, emphasizing the need for justice over procedural rigor.
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.
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
Each defendant in civil proceedings must fulfill their obligation independently. Persistent negligence cannot justify setting aside an ex parte order.
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