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ALKA SARIN
Krishan – Appellant
Versus
Santraj – Respondent
JUDGMENT :
Alka Sarin, J.
The present civil revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 23.05.2019 (Annexure P-8) and order dated 16.01.2019 (Annexure P-7), whereby the application (Annexure P-6) for restoration of the application for setting aside the ex-parte order dated 12.02.2014 as well as ex-parte judgment and decree dated 25.03.2014 has been dismissed.
2. Learned counsel for the defendant-petitioner would contend that the defendant-petitioner and proforma respondent No.3 herein, were proceeded against ex-parte and ex-parte judgment and decree in a suit for specific performance came to be passed against them on 25.03.2014 (Annexure P-3). Thereafter, on 24.05.2014 an application (Annexure P-4) was filed by the defendant-petitioner for setting aside the ex-parte order dated 12.02.2014 as well as judgment and decree dated 25.03.2014 on the ground that the defendants had earlier engaged a counsel who had appeared and filed the written statement, but had thereafter not appeared in the case and that great prejudice had been caused to their rights. The said application was also dismissed in default due to non-appeara
The defendant-petitioner cannot be made to suffer for the fault of the counsel, and the procedure is meant for the advancement of justice.
The limitation for filing an application under Order 9, Rule 13 CPC starts from the date of the decree, and failure to provide a valid explanation for delay results in dismissal.
Proper service of summons is essential for the validity of court proceedings.
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
The court has the discretion to set aside an ex-parte decree based on the reasons provided by the petitioners and the principles of law, while also considering the inconvenience caused to the respond....
The main legal point established in the judgment is that a party approaching the court must do so with clean hands and must not engage in forum shopping. Additionally, the judgment and decree passed ....
A party cannot shift their accountability for negligence to their attorney; multiple applications dismissed for the same reasons demonstrate abuse of the judicial process.
The defendant's right to defend the litigation and the timely filing of the petition and written statement are valid reasons to set aside an exparte decree.
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