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KSHITIJ SHAILENDRA
Rajkumar – Appellant
Versus
Deshraj – Respondent
JUDGMENT :
KSHITIJ SHAILENDRA, J.
1. The petitioner was defendant in Original Suit No. 376 of 2006 which was filed under Section 6 of the Specific Relief Act 1963. The suit was decreed ex parte on 22.11.2017. The petitioner filed a Civil Appeal No. 105 of 2017 under Section 96 C.P.C. which has been dismissed by the order impugned dated 28.4.2023 as not maintainable.
2. Learned counsel for the petitioner has argued that since appeal even against an ex parte decree is maintainable under Section 96(2) C.P.C., the order impugned is illegal.
3. Shri Nipun Singh, learned counsel for the respondent has argued that since admittedly, the suit was filed under Section 6 of the Specific Relief Act 1963 there is a clear bar under Section 6(3) of the said Act which provides that no appeal shall lie from any order or decree passed in such suit.
4. Having heard learned counsel for the parties, I find that the appellate Court has dealt with the provisions of Section 6(3) of the Specific Relief Act 1963 and in view of statutory bar against the appeal, no illegality is found in the order of the appellate Court. However, in view of the language used under Section 115 C.P.C. there is remedy of filing revisi
Section 6(3) of the Specific Relief Act 1963 bars appeals from decrees in suits filed under this section, necessitating alternative remedies such as revision.
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.
The court held that a revision under Article 227 is not maintainable when an alternative remedy of appeal is available following the dismissal of an application for condonation of delay under the Lim....
Negligence of the petitioners in court proceedings can impact the maintainability of a petition for setting aside an ex parte decree.
The court ruled that appeals against ex-parte decrees must be filed under Order XLIII Rule 1(d) of the CPC, not Section 96, which applies to original decrees.
The court emphasized that the discretion to condone delay must be exercised judiciously, and the law of limitation must be applied rigorously.
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
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