A litigant should not suffer due to the negligence or inaction of their counsel; courts must adopt a liberal approach in condoning delays for setting aside ex parte decrees to ensure cases are decided on merits.

Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

08/04/2026

Heard.

1. Since all the appeals assail the common order and involve interconnected issues, they were heard and being disposed off by this common judgment.

2. The present appeals have been preferred under Order 43 Rule 1 (d) of the CPC by the appellant/ defendant No.1 challenging separate orders dated 05.01.2022 passed by the learned Trial Court in different MJCs whereby the applications filed by the respective appellants herein under Order 9 Rule 13 of the CPC have been rejected on the ground of delay.

3. The plaintiff Kamal Prasad Kasar preferred civil suit stating inter alia that he is the owner and in possession of certain agricultural lands situated in Village Kirwai and Village Darchura, Tahsil Simga, District Baloda Bazar, Chhattisgarh. According to the plaintiff, the said lands are his lawful property and he has full ownership and possessory rights over them. It is further pleaded that the plaintiff had never executed any power of attorney in favour of defendant No.2 (Jairam Dubey) nor had he appeared before the Sub-Registrar Office, Raipur for execution or registration of any such document for selling the aforesaid lands or any part thereof. The plaintiff asserts that the alleged registered power of attorney purportedly executed in favour of defendant No.2 does not bear his signature or thumb impression. The plaintiff has alleged that defendant No.2, in furtherance of a criminal conspiracy and with dishonest intention to usurp the plaintiff’s valuable property and to gain unlawful benefit, prepared a forged and fabricated power of attorney by fraudulently affixing the plaintiff’s forged signatures and thumb impressions without his knowledge or consent. Further, he categorically pleaded that he has never executed a power of attorney in favour of Jairam Dubey on 26.10.2010 and despite the said fact he has sold the land belonging to him to several persons by executing different sale deeds and hence the sale deeds as well as the power of attorney be declared as null and void.

4. Defendant No.1 filed his written statement contending that upon coming to know about the plaintiff’s intention to sell the land, he approached the plaintiff, who introduced defendant No.2 Jayaram Dubey as his authorized power of attorney holder. The plaintiff allegedly showed the power of attorney and represented that defendant No.2 was authorized to deal with the sale of the land, receive the sale consideration and complete the registration on his behalf. It was further pleaded that relying upon such representation, defendant No.1 purchased the land after paying the entire sale consideration amount to defendant No.2 and thereafter the sale deed was duly executed and registered through him. On the basis of the said registered transaction, defendant No.1 claims to have become the lawful owner and to be in possession and cultivation of the suit land. Defendant No.1 denied the allegations of forgery and fraud and asserted that the power of attorney as well as the sale deed executed on its basis are valid and binding upon the plaintiff. It was also contended that the plaintiff himself had shown the loan book and other relevant documents at the time of the transaction, therefore the allegation that the documents were forged without his kno