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NIDHI GUPTA
Harbhajan Singh – Appellant
Versus
Manjit Kaur – Respondent
| Table of Content |
|---|
| 1. revision petition's factual background. (Para 1) |
| 2. petitioners argue against dismissal. (Para 2 , 3) |
| 3. court analysis of petitioners' claims. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. final dismissal of revision petition. (Para 12 , 13) |
JUDGMENT
Nidhi Gupta, J.
Present Revision Petition has been filed by defendants No.4 and 2 respectively, seeking setting aside of order dated 28.07.2016 (Annexure P3) passed by learned Civil Judge (Junior Division), Jalandhar whereby application filed by the defendant No.4/petitioner No.1 herein under Order 9, Rule 13 Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") for setting aside ex parte order dated 03.11.2006, and ex parte judgment and decree dated 08.05.2008 passed in Civil Suit No.656/2006, has been dismissed. Challenge in the present revision petition is also to impugned order dated 10.05.2018 (Annexure P4), whereby the petitioners' appeal against above said order dated 28.07.2016 has also been dismissed by the learned Additional District Judge, Jalandhar.
2. It is vehemently submitted by learned counsel for the petitioners that the petitioners came to know about the ex-parte judgment and decree dated 08.05.20
The court may set aside an ex-parte judgment and decree if subsequent developments demonstrate the bona fides of the party against whom the decree was passed.
A party seeking to set aside an ex parte judgment and decree must demonstrate sufficient cause for non-appearance and file the application within a reasonable time, as per Order 9 Rule 13 CPC and Sec....
The limitation for setting aside an ex parte judgment under Order IX Rule 13 CPC begins from the date of the judgment, not the date of knowledge.
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
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 presence of a defendant does not preclude the court from issuing an ex parte decree; the basis for such a decree is determined by the nature of the order under the Civil Procedure Code.
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