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BHARAT P. DESHPANDE
Maya Sitaram Pansikar @ Panashikar – Appellant
Versus
Sagar Gauns – Respondent
JUDGMENT (ORAL)
Rule. Rule is made returnable forthwith.
2. Matter is taken up for final disposal at the admission stage itself.
3. Heard Mr. Kulkarni, learned Counsel for the Petitioners and Mr. J.J. Mulgaonkar with Ms. Shweta Parulekar, learned Counsel for the Respondent.
4. The controversy in the present petition is in connection with an order dated 05/10/2023 passed by the trial Court whereby an application for setting aside an ex-parte order dated 08/05/2023 filed by the Petitioner/Defendant stands rejected.
5. Mr. Kulkarni submits that the respondent filed a suit for specific performance of contract wherein the summons was issued to the Defendant. The summons was served on the Defendant and accordingly the Defendant/Petitioner appeared through his Advocate and thereafter the matter was fixed for written statement as well as reply. He submits that the Petitioner filed an application for extension of time to file a written statement on 08/03/2023 and thereafter on 17/04/2023. Both these applications were allowed and the matter was posted on 08/05/2023 for filling of the written statement. He submits that when the matter was taken up on 08/05/2023, the Petitioner remained absent
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
A party must demonstrate sufficient cause for non-appearance and file timely applications to set aside ex-parte judgments, supported by evidence.
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....
A party's failure to appear and respond in a timely manner, despite having representation, does not constitute sufficient grounds to set aside an ex-parte decree under Order 9 Rule 13 of the C.P.C.
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....
Failure to appear for trial without sufficient justification results in the affirmation of lower court's dismissal of restoration applications.
Each defendant in civil proceedings must fulfill their obligation independently. Persistent negligence cannot justify setting aside an ex parte order.
The court established that the reasons for condonation of delay must be compelling and consistent, and prior participation in related legal proceedings can undermine claims of incapacity or ignorance....
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