An order refusing to set aside an ex-parte judgment that fails to assign reasons is considered a non-speaking order, justifying a stay of execution proceedings to prevent injustice to the applicant.

ORDER

Heard Mr. U. Dutta, learned counsel for the applicant/appellant.

By filing this application under Order XLI Rule 5 CPC, r/w Section 151 CPC, the applicant/appellant has prayed to stay the proceedings of Title Execution Case No. 09/2023, arising out of Judgment and Decree dated 11.08.2023 passed in TS No. 51/2022, which is pending for disposal before the learned Civil Judge (Senior Division), Kamrup, Amingaon.

The learned counsel for the applicant has submitted that in the meantime the Title Execution Case No. 09/2023, which has been registered pursuant to the Judgment and Decree dated 11.08.2023 is likely to proceed.

The order dated 23.06.2026, which is impugned in the connected appeal is reproduced below as follows:-

“Both the parties are represented.
The date is fixed today for W.O. However, no written objection has been filed nor the OP has sought time for the same. This Court therefore proceed to take hearing for the same.
I have heard the ld. counsel for both the parties.
The ld. counsel for the petitioner/defendant No. 1 has prayed for setting aside the ex-Parte judgment passed in Title Suit Case No. 51/2022.
The petitioner has submitted that the petitioner/defendant No. 1 had not received the summons, for which he could not appear before this court and accordingly has prayed for setting aside the ex-Parte judgment passed in Title Suit Case No. 51/2022, failing which he shall have to suffer great loss and injury.
This Court however, on perusal of the Judgment & order dated 11.08.2023 passed in connection with the Title Suit Case No. 51/2022 as well as on perusal of the order passed and the petition filed for setting aside the ex-parte judgment did not find any merit to allow the prayer of the petitioner/defendant No. 1 and thereby to set aside ex-parte order passed against the defendant No. 1.
This Court therefore deems it fit to reject the petition.
The instant Misc.(J) Case is disposed of on contest.”

From the perusal of the order dated 23.06.2026, the Court does not find any reason assigned by the learned Civil Judge (Senior Division), Kamrup, Amingaon for refusing to set aside the ex-parte judgment and decree and the said order appears to be a non-speaking order. Therefore, the Court is of the opinion that in the event, the execution proceeding is not stayed, the applicant would suffer more injustice.

Accordingly, the further proceedings of Title Execution Case No. 09/2023, which is pending for disposal before the learned Civil Judge (Senior Division), Kamrup, Amingaon, shall remain stayed.

The applicant shall produce a certified copy of the order before the said learned Court to bring the order to the notice of the said learned Court.

Issue notice on this application, which is returnable on 10.08.2026.

The appellant shall take steps for service of notice upon the opposite party by speed post with A/D within two working days.

List this matter on 10.08.2026