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JAYANT BANERJI
Moti Singh Sikarwar – Appellant
Versus
Devendra Singh – Respondent
| Table of Content |
|---|
| 1. challenge to prior judgments and orders. (Para 1 , 2) |
| 2. background of suits and applications. (Para 3 , 4 , 5 , 6) |
| 3. petitioner's contention regarding oversight. (Para 7 , 8) |
| 4. respondent's rebuttal of petitioner's claims. (Para 9 , 10) |
| 5. court's views on the proceedings and decisions. (Para 11 , 12 , 13 , 14) |
| 6. trial court's observations on negligence. (Para 15 , 16 , 17) |
| 7. appellate court's adherence to procedural norms. (Para 18 , 19 , 20 , 21) |
| 8. final dismissal of the petition. (Para 22) |
JUDGMENT :
Jayant Banerji, J.
1. This petition has been filed seeking to set aside the order dated 15.03.2023 passed by Addl. District Judge, Court No. 8, Agra in Misc. Appeal No. 223 of 2022 and judgement and decree dated 18.05.2019 passed by the Addl. Civil Judge (Senior Division), Court No. 4, Agra in O.S. No. 796 of 2017- (Devendra Singh Advocate & another Vs. Moti Singh Sikarwar) and the impugned order dated 03.08.2022 passed by the Addl. Civil Judge (Senior Division), Court No. 1, Agra in Misc. Case No. 234 of 2019- (Shri Moti Singh Sikarwar Vs. Devendra Singh Advocate & another).
2. Mr. H.N. Singh, learned Senior Advocate, on instructions states that he is not pressing the
Negligence and lack of compelling reasons for absence in court proceedings justify the denial of applications to set aside ex-parte judgments under Order IX Rule 13 of the CPC.
An application under Order IX Rule 13 CPC requires compelling reasons for absence; mere negligence does not justify setting aside an ex-parte decree.
Lack of knowledge about an ex parte decree can be a sufficient cause for condonation of delay in filing a petition under Order IX Rule 13 CPC.
The failure to file an application for condonation of delay when seeking to set aside an ex parte decree under Order IX Rule 13 CPC is a fatal procedural defect, leading to dismissal of the applicati....
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
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