Back
HARSIMRAN SINGH SETHI
Swaran Kaur – Appellant
Versus
Narender Singh – Respondent
| Table of Content |
|---|
| 1. introduction of case and procedural history. (Para 1 , 2) |
| 2. background facts regarding the dispute and parties involved. (Para 3 , 4 , 13) |
| 3. court's responsibilities in ensuring fair representation. (Para 5 , 12) |
| 4. court's duty to avoid haste and ensure all parties are heard. (Para 14 , 15) |
| 5. final order allowing the petition. (Para 16) |
Judgment
Mr. Harsimran Singh Sethi, J.
Present civil revision petition has been filed for setting aside the ex parte judgment and decree dated 24.11.2009 (Annexure P-4 and P-5) by which the suit filed by respondent No.1 has been decreed, the order dated 06.12.2016 (Annexure P-7) passed by the trial Court dismissing the application preferred by the petitioner under Order 9 Rule 13 of the CPC for setting aside the said ex parte decree as well as the order dated 26.10.2018 (Annexure P-9) passed by the lower Appellate Court upholding the order dated 06.12.2016 passed by the trial Court on an application under Order 9 Rule 13 of the CPC.
2. Certain facts needs to be mentioned for correct appreciation of the controversy in hand.
3. Respondent No.1 is the son of the petitioner herein and the other respondents are brothers and sisters of resp
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
The court emphasized the liberal construction of 'sufficient cause' for setting aside an ex parte decree and the need to balance the interests of both parties to prevent miscarriage of justice.
An ex parte decree against a minor or person of unsound mind without proper representation is void and can be challenged under O.9, R.13, CPC.
The main legal point established in the judgment is that the requirement of 'good cause' for setting aside an ex parte order should be interpreted widely, and the rescission of contract under Section....
The limitation for setting aside an ex parte judgment under Order IX Rule 13 CPC begins from the date of the judgment, not the date of knowledge.
Litigants should not suffer due to the negligence of their counsel; sufficient cause must be shown to set aside ex-parte decrees.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
