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SARAL SRIVASTAVA
Santosh Kumar – Appellant
Versus
Jagat Narayan – Respondent
JUDGMENT :
Saral Srivastava, J.
1. Heard learned counsel for the appellants and learned counsel for the respondents.
2. The appellants have preferred the present appeal challenging the order dated 15.12.2018 passed by the Additional District Judge/F.T.C., Court No.2, Auraiya, whereby he has dismissed the application under Order 41 Rule 17 of C.P.C. of the plaintiffs/appellants
3. The facts, in brief, are that one Ram Swaroop Shukla had instituted an original suit no.17 of 2004 praying for a decree of permanent injunction restraining the defendants/respondents from interfering in the peaceful possession of the plaintiffs/appellants. It appears that during the pendency of the suit, Ram Swaroop Shukla had died and the plaintiffs/appellants have been substituted as his heirs.
4. As per the plaint case, one Ram Swaroop Shukla purchased a plot situated at Mohalla Hariganj, town and area Achhalda, Pargana Vidhuna, District Auraiya which has been described at the foot of the plaint (hereinafter referred to as 'suit property') from one Heera Lal S/o Bhikari Lal on 25.12.1948 for a sale consideration of Rs.300/- and he got possession over the suit property. Thereafter, he applied for the sanction
An appeal cannot be dismissed on merits when the appellant remains absent, as per Order 41 Rule 17(1) of C.P.C.
The court established that sufficient cause for non-appearance should be interpreted liberally to ensure justice and the right to a fair hearing.
An application under Order IX Rule 13 CPC requires compelling reasons for absence; mere negligence does not justify setting aside an ex-parte decree.
The court established that 'sufficient cause' for non-appearance must be interpreted liberally, allowing for restoration of applications even after previous dismissals.
Judicial discretion under Order IX Rule 4 C.P.C. is crucial, and a liberal approach should be taken to allow restoration of suits for effective adjudication, especially when circumstances affecting n....
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