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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA, J
JAIPUR DEVELOPMENT AUTHORITY – Appellant
Versus
M/S RAJENDRA SINGH BHAMBU INFRA PRIVATE LIMITED – Respondent
Order :
1. This writ petition has been filed by the petitioners-defendants (for short, 'the defendants') under Article 227 of the Constitution of India aggrieved by the order dated 18.07.2024 passed by the Commercial Court No.1, Jaipur Metropolitan-II in Civil Suit No.481/2022 titled as “Dr. Rajendra Singh Bhambu Infra Private Limited Vs. J.D.A. & Ors.”, whereby the defendant’s prayer for setting aside the ex-parte proceedings initiated against them vide order dated 10.02.2023 passed by the trial court has been declined.
2. Learned counsel for the defendants submits that the plaintiff-respondent (for short ‘the plaintiff’) filed a suit for recovery against the defendants in which service of the defendants was deemed to have been affected.
3. Learned counsel for the defendants further submits that due to unavoidable reasons, defendants could not appear before the trial court. Resultantly, the trial court vide order dated 10.02.2023 initiated ex-parte proceedings against them.
4. Learned counsel for the defendants also submits that on 07.03.2024 the defendants filed an application under Order 9 Rule 7 read with Section 151 CPC for setting aside the ex-parte proceedings initiated again
The court emphasized the importance of allowing defendants a fair opportunity to present their case, setting aside ex-parte proceedings upon payment of costs.
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.
The court may set aside an ex-parte judgment and decree if subsequent developments demonstrate the bona fides of the party against whom the decree was passed.
Proper efforts to serve the petitioner and justification of the process of conducting munadi at the place where the property in dispute is situated.
Proper service of summons is essential for the validity of court proceedings.
The court emphasizes the need to resolve disputes on merits rather than on technicalities and allows the delay in filing the written statement, subject to compensatory costs.
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