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RMT. TEEKAA RAMAN
T. B. Duraivel Reddy – Appellant
Versus
Venkateswaralu – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Order XLIII Rule 1 read with Section 104 C.P.C, to set aside the fair and decreetal order dated 25.08.2022 in I.A.No.6 of 2021 in O.S.No.8078 of 2019 passed by the learned IV Additional Judge, City Civil Court, Chennai.)
1. The second defendant is the appellant herein.
2. The brief facts leading to filing of the above C.M.A are as under:-
(a) The first defendant herein K.Ragupathy Reddy is the owner of the land measuring 25,724 sq.ft plot. Through the Power of Attorney, the second defendant T.B.Duraivel Reddy, he entered into an agreement of sale with the first respondent herein on 20.02.2008.
(b) The first respondent/plaintiff filed the above suit O.S.No.8078 of 2019 before the learned IVth Additional District Judge, City Civil Court, Chennai for specific performance of the above said sale agreement. The said suit appears to have been decreed ex-parte on 23.08.2011 and hence, the present appellant/second defendant filed I.A.No.5 of 2021 (to condone the delay of 7 days to set aside the ex-parte decree) and I.A.No.6 of 2021 was filed to set aside the ex-parte decree under Order 9 Rule 13 CPC. It appears
The main legal point established is that belated knowledge caused by domestic issues can warrant setting aside an ex-parte decree and granting an opportunity to defend the case on merits.
Deliberate failure to participate in court proceedings and attempts to delay the execution of a decree can result in dismissal of appeals and enforcement of possession orders.
Setting aside ex-parte decree – Facts and events relating to passing of an ex-parte decree are distinct from facts and events relating to delayed filing of application for setting aside of ex-parte d....
Delay in condoning application to set aside ex parte decree cannot be excused without sufficient explanation and diligence.
The main legal point established is that even though the reasons for delay in filing a set aside ex parte order petition may not be satisfactory, if substantial rights are involved, the Court may gra....
Delay in filing application to set aside ex-parte decree should be condoned when sufficient cause is established, especially in pending immovable property litigation.
Subsequent application to set aside ex parte decree barred after prior dismissal for non-prosecution and lack of diligence.
The judgment emphasizes the need for substantial justice over technical considerations, warranting a full-length trial to investigate rival claims and the theory of probability.
Illness as a valid reason for non-appearance, subsequent developments in the case, and the need to provide an opportunity for the petitioner to contest the matter are valid grounds for delay condonat....
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