Back
ANIL KSHETARPAL
Bhajan Singh (Deceased) – Appellant
Versus
Sohan Singh – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J.
The petitioners were defendants in a suit filed for grant of decree of declaration that the plaintiffs are co-owners to the extent of half share of the joint property. On 18.02.2010, the aforesaid suit was ex party decreed. An application filed by the petitioners under Order IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC") to set aside ex party judgment decree, has been dismissed by both the Courts below. The correctness of the aforesaid order is challenged in this revision petition.
2. This Bench has heard the learned counsel representing the parties at length and with their able assistance perused the paperbook along with the requisitioned record.
3. On the one hand, the learned counsel representing the petitioners while drawing the attention of the Court to various zimni orders (daily orders), passed by the trial Court contended that the petitioners also filed application under Order IX Rule 7 of the CPC to set aside ex party proceedings during the pendency of the suit, which was never decided by the trial Court. Thereafter, the petitioners also filed an application for setting aside ex party judgment decree,
The court emphasized the necessity for trial courts to consider the circumstances of defendants, particularly in rural contexts, when evaluating applications to set aside ex parte decrees.
The Court emphasized the importance of due consideration in ordering substituted service and the need for clear knowledge of the particular decree sought to be set aside.
Lack of knowledge about an ex parte decree can be a sufficient cause for condonation of delay in filing a petition under Order IX Rule 13 CPC.
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.
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....
Only a defendant in a suit can file an application under Order 9, Rule 13 CPC to set aside an ex-parte decree; a non-party lacks locus standi.
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
