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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Devkrishna S/o Late Prabha Devi – Appellant
Versus
Kaluram S/o Trilokchand – Respondent
Order :
ANOOP KUMAR DHAND, J.
1. By way of filing the instant civil misc. appeal, a challenge has been led to the impugned order dated 09.04.2019 passed by the Additional District Judge No.4, Jaipur, District Jaipur (hereinafter referred to as ‘the trial Court’) by which the application filed by the defendants-petitioners (hereinafter referred to as ‘the defendants’) under Order 9 Rule 13 CPC for setting aside the ex- parte judgement and decree dated 23.12.2011 has been rejected.
2. Learned counsel appearing on behalf of defendants submits that a suit for cancellation of registered sale deed was filed by the plaintiffs-respondents against the defendant and against one person who was witness of execution of the aforesaid sale deed.
3. Counsel submits that notice of the aforesaid suit was issued to the defendants on 04.03.2008 and on 10.03.2008, the Process Server submitted a report that the defendants have refused to accept the notice of the plaint and on the basis of the aforesaid report, the trial Court proceeded ex-parte by passing an order dated 14.03.2008 and thereafter, the suit was decreed ex-parte vide judgment dated 23.12.2011.
4. Counsel submits that deliberately and intentiona
The court emphasized the necessity of adhering to procedural rules under the Code of Civil Procedure to ensure that ex-parte decrees are justly administered and not issued without proper evidence of ....
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
Proper service of summons is essential for the validity of court proceedings, and failure to adhere to the prescribed legal procedures can result in the setting aside of ex-parte decrees.
Order V Rule 19 of CPC, mandates that before declaring fact that summons have been duly served, it was obligatory for this Court to examine Process Server, on oath, as requisite affidavit has not bee....
Proper service of notice is essential for ex parte decrees; without sufficient evidence of notification, such decrees can be set aside under natural justice principles.
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.
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
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