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AMARJOT BHATTI
Santosh – Appellant
Versus
Vijay Pal – Respondent
JUDGMENT
Amarjot Bhatti, J.
The petitioners/plaintiffs Santosh and Sushma alias Rekha have filed two Civil Revisions under Article 227 of the Constitution of India for setting aside the common judgment dated 30.08.2017 (Annexure P-12) passed by the Court of learned Additional District Judge, Gurugram in Civil Appeal No. 66 of 11.05.2015/10.08.2015 (M/s S.J. Towers and Developers Private Limited and others v. Smt. Santosh and another) and in Civil Appeal No. 86 of 15.05.2015/06.07.2017 (Vijay Pal v. Smt. Santosh and others) and to restore the common order dated 07.04.2015 (Annexure P-9) passed by the Court of learned Civil Judge (Junior Division), Gurgaon, whereby the application filed under Order 9 Rule 13 read with Section 151 C.P.C. for setting aside exparte judgment and decree dated 07.03.2006 filed by applicant/defendant No. 8 Vijay Pal and application under Order 9 Rule 13 read with Section 151 C.P.C. filed by applicants/defendants No. 5 to 7 and 9 were rightly dismissed. Both these civil revisions have arisen out of the same judgment dated 30.08.2017 (Annexure P-12) and order dated 07.04.2015 (Annexure P-9), therefore, the civil revisions are taken up together for disposal.
2.
Defendants must demonstrate sufficient cause for absence in ex-parte proceedings; mere claims of ignorance or improper service do not suffice.
The discretion of the trial court to set aside an ex parte decree under Order IX Rule 13 CPC is essential to ensure a fair trial, particularly when the opposing party has not been given a reasonable ....
Judicial proceedings must ensure that all relevant applications are addressed before execution to uphold the principles of justice and fair trial.
The court emphasized that a petitioner must act with diligence and clean hands when invoking Article 227, especially when challenging an ex-parte decree after an unreasonable delay.
The service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
Service of summons must be lawful and proper; mere knowledge of a suit is insufficient without adequate notice to uphold principles of natural justice.
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 ....
The court affirmed that proper procedures for ex-parte proceedings were followed, and the petitioner had knowledge of the case, validating the ex-parte order.
A judgment must contain a concise statement of the case, points for determination, and reasons for the decision; failure to comply renders it invalid.
A plaint must be rejected as a whole if it does not disclose a cause of action against any defendant; it cannot be partially rejected.
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