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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Sridhar Panda – Appellant
Versus
National Collateral Management Service Ltd., Balasore – Respondent
| Table of Content |
|---|
| 1. petitioner's request for written statement acceptance (Para 2 , 3) |
| 2. opposition to allowing the petitioner's written statement (Para 4) |
| 3. court's analysis on sufficiency of reasons for delay (Para 5 , 7) |
| 4. opportunity to contest the suit granted with condition (Para 6) |
| 5. final decision and directives issued by the court (Para 8 , 9 , 10) |
JUDGMENT :
K.R. MOHAPATRA, J.
1. This matter is taken up through hybrid mode.
2. The Petitioner in this writ petition seeks to assail the order dated 6th November, 2009 (Annexure-3) passed in Civil Suit No.19 of 2008-III, whereby learned Civil Judge (Senior Division), Balasore rejected an application filed by the Petitioner under Order VIII Rule 9 read with Order IX Rule 7 CPC filed with a prayer to set aside the ex parte order and to accept the written statement.
3. Mr. Das, learned counsel submits that the Petitioner is the sole Defendant in the suit. He entered appearance on 10th September, 2008. But, due to his illness, the Defendant-Petitioner could not file the written statement within the stipulated period. Hence, he was set ex parte. However on 23rd March, 2009, the Petitioner filed an application under Order VIII Rule 9 read
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.
Each defendant in civil proceedings must fulfill their obligation independently. Persistent negligence cannot justify setting aside an ex parte order.
The court emphasized procedural fairness in civil trials, ruling that time extensions for filing should not be routine but based on justifiable reasons, allowing parties their due process rights.
The failure to file an application for condonation of delay when seeking to set aside an ex parte decree under Order IX Rule 13 CPC is a fatal procedural defect, leading to dismissal of the applicati....
No limitation under Article 137 for Order IX Rule 7 CPC; ex parte parties may participate in ongoing proceedings if good cause shown.
The time limit for filing a written statement can be extended only in exceptionally hard cases, and the court's discretion to extend the time should not be routinely exercised.
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....
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