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GURBIR SINGH
Parmod Alias Rinku – Appellant
Versus
Krishna Trading Company – Respondent
JUDGMENT
Mr. Gurbir Singh, J.
Challenge in this petition is to the order dated 30.10.2023 passed by learned trial Court whereby application moved by the petitioner for staying the execution proceedings filed in pending application under Order 9, Rule 13 CPC for setting aside the judgment and decree dated 04.05.2018, has been dismissed.
2. Brief facts as necessary for the disposal of this petition are that respondent No.1 filed a suit for recovery against the petitioner and respondent No.2. The petitioner was proceeded ex-parte whereas respondent No. 2 contested the suit.
3. Learned counsel for the petitioner has argued that the petitioner was not having any knowledge about the pendency of the suit. He was neither served nor engaged any counsel. He only came to know about the passing of ex-parte judgment when he received a registered AD envelope containing a caveat petition and he immediately filed an application under Order 9, Rule 13 CPC for setting aside the ex-parte judgment and decree dated 04.05.2018. It is further argued that the account was being maintained in the name of Kuldeep Singh only by the respondent in the course of business. During trial, signatures of Kuldeep Singh
Service upon a family member constitutes valid service, and the question of knowledge and representation must be determined based on evidence.
Setting aside ex-parte decree of divorce – For a defendant to succeed in application for setting aside ex-parte decree, he has to satisfy court that summons was not duly served or that he was prevent....
Parties cannot pursue stay applications simultaneously in different courts without risking delays; the conduct of petitioners may warrant dismissal of stay requests.
The burden of proof lies on the party claiming lack of knowledge or refusal of summons, and the statutory provision does not allow the extension of the period of limitation on equitable grounds.
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....
An ex-parte decree can be set aside if a defendant proves that proper service of summons was not conducted, emphasizing adherence to procedural due process over substantive merit during initial heari....
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