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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Irshad Ali
Pyarey Lal – Appellant
Versus
Addl. Commissioner Lucknow – Respondent
| Table of Content |
|---|
| 1. background of agricultural dispute. (Para 2 , 3) |
| 2. service of notice in ex parte cases. (Para 6 , 8 , 10) |
| 3. court's reasoning and judicial responsibilities. (Para 14 , 15 , 18 , 19 , 20) |
| 4. conditions for setting aside ex parte decree. (Para 25 , 28) |
| 5. final order restoring possession. (Para 34 , 36) |
JUDGMENT :
Irshad Ali, J.
1. Heard Shri M.A. Khan, learned Senior Advocate assisted by Mohd. Aslam Khan, learned counsel for the petitioners and Shri Divesh Misra, learned Standing Counsel for the respondents-State and Shri Rajeiu Kumar Tripathi, learned counsel for the respondents assisted by Shri Ambrish Singh Yadav, learned Advocate.
2. By means of the present writ petition, the petitioner has prayed for issuance of a writ in the nature of Certiorari quashing the impugned judgment and order dated 9.11.1997 passed by opposite party no.1 as contained in Annexure no.1 to the writ petition, with further prayer for issuance of a writ in the nature of Mandamus commanding the opposite parties except the opposite party no.4 not to interfere in the peaceful possession at the petitioner and also not to transfer the land in question to any one else.
3. Facts of the case are that t
Proper service of notice is essential for ex parte decrees; without sufficient evidence of notification, such decrees can be set aside under natural justice principles.
An ex parte decree operates as res judicata in subsequent proceedings unless it is set aside by the court that passed it.
The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
The service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
The Court emphasized the importance of due consideration in ordering substituted service and the need for clear knowledge of the particular decree sought to be set aside.
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 court emphasized the necessity of adhering to procedural rules under the Code of Civil Procedure to ensure that ex-parte decrees are justly administered and not issued without proper evidence of ....
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