Back
ALKA SARIN
Karnail Singh (Since Deceased) through LR – Appellant
Versus
Gurnam Kaur (Since Deceased) through LR – Respondent
JUDGMENT
Alka Sarin, J.
The present civil revision petition has been preferred under Article 227 of the Constitution of India challenging the impugned order dated 09.01.2019 (Annexure P-4) passed by the Trial Court and the impugned order dated 01.11.2023 (Annexure P-5) passed by the First Appellate Court whereby the application filed by the defendant-petitioner under Order 9, Rule 3 read with Order 9, Rule 13 CPC has been dismissed.
2. The brief facts relevant to the present lis are that the plaintiff-respondent Nos.1 and 2 filed a suit for possession by way of partition of gair mumkin abadi land fully detailed in the head note of the plaint. Notice of the suit as well as stay application was issued to the defendants including the defendant-petitioner. On 13.12.2011 the defendant-petitioner and some other defendants appeared in Court and their presence was recorded with their signatures/thumb impressions on the zimni order sheet. Thereafter the defendant-petitioner was proceeded against ex-parte and subsequently an application for setting aside the ex-parte proceedings against the defendant-petitioner was allowed on 09.08.2012. On 18.10.2014 the defendant-petitioner failed to appear
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.
Timely filing and valid explanations for delays are crucial in applications to set aside ex parte judgments under Order 9 Rule 13 of the CPC.
Proper service of summons is essential for the validity of court proceedings.
The necessity of proper notice before restoring a suit, as it pertains to a defendant's right to defend their case.
Ex parte judgments must adhere to procedural requirements of the CPC; otherwise, such judgments can be ruled illegal and set aside, especially when they affect public rights.
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
