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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR
Moonstar Lines Private Limited – Appellant
Versus
Barkath Exports, Rep. by its Prop: Mohamed Azharuddin – Respondent
| Table of Content |
|---|
| 1. overview of the civil revision petition and exparte decree. (Para 1 , 2) |
| 2. arguments regarding compliance and petitioners' failure to comply. (Para 3 , 4) |
| 3. discussion on the respondent's lack of objection to petitioners participating. (Para 5 , 6) |
| 4. court's directive for reduced deposit and expeditious trial completion. (Para 7) |
| 5. conclusion and disposal of the civil revision petition. (Para 8) |
ORDER :
M. NIRMAL KUMAR, J.
1.This Civil Revision Petition has been filed to set aside the order dated 01.02.2024 passed in E.A.No.1 of 2024 in E.P.No.9 of 2023 in C.O.S.No.373 of 2022 on the file of the Commercial Court.
2. The petitioners are the defendants in O.S. No. 7624 of 2019. They have suffered an exparte decree dated 09.01.2023. Thereafter, they filed an application to set aside the exparte decree on 31.01.2023 and the same is yet to be numbered. In the meanwhile, the respondent/plaintiff had initiated the execution proceedings in E.P.No.9 of 2023. In the Execution Petition also, the petitioners/defendants were set exparte by order dated 23.11.2023. Thereafter the petitioners filed E.A.No.1 of 2024 to set aside the exparte decree dated 23.11.2023 and the same was al
Imposing onerous deposit conditions for setting aside exparte decrees is unwarranted and should be proportionate to ensure access to justice for the defendants.
Conditions for setting aside exparte decrees must be reasonable and facilitate participation in proceedings without imposing disproportionate deposit requirements.
Imposing costs as a condition to set aside an ex parte decree is unjust, especially when the preliminary decree is set aside, and the final decree does not render the revision infructuous.
The court has the power to impose conditions for setting aside an ex parte decree, but such conditions should be reasonable and not oppressive.
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