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NAMIT KUMAR
Sat Parkash – Appellant
Versus
Ashish Kumar – Respondent
| Table of Content |
|---|
| 1. existence of agreement and forfeiture of earnest money. (Para 2) |
| 2. importance of timely disposal of the suit. (Para 3 , 4) |
| 3. applicable provisions for timely adjudication. (Para 6 , 7) |
| 4. court's direction for expeditious trial. (Para 8) |
| 5. order for compliance and cooperation with the court. (Para 9) |
JUDGMENT
Namit Kumar, J.
CM-741-CII-2021
Prayer in the instant application filed under section 151 of CPC is for placing on record certified copies of the written statement dated 06.11.2017 and the zimni orders dated 04.08.2020 and 08.12.2020 passed by the trial Court as Annexures P-5 and P-6.
Allowed as prayed for subject to all just exceptions.
CM-5154 and 5155-CII-2022
Prayer in the instant applications filed under section 151 of CPC is for exemption from filing certified/typed copies of zimini orders passed by the trial Court and for taken on record true photocopies of the same as Annexure A-1, respectively.
Allowed as prayed for subject to all just exceptions.
CR-2036-2020
The instant revision petition has been filed by the petitioner under Article 227 of the Constitution of India for issuance of appropriate directions to the Court of learned Civil Judge (Senior Divis
The court ruled that an ex parte decree is invalid if proper summons are not served, emphasizing the necessity of adjudication on merits.
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.
The court established that a lack of diligence in responding to legal proceedings can impact the ability to set aside ex parte decrees, but exceptional circumstances may justify condoning delays.
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