IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 9 OF FEBRUARY, 2026 MISC. PETITION No. 4778 of 2025 LAKHAN KALAWAT Versus HARDAYAL PATEL AND OTHERS Appearance:

Shri Prateek Dubey - Advocate for the petitioner.

Shri Anuj Agarwal- Advocate for respondent No.1.

ORDER The present petition has been filed challenging the order Annexure P-

2 passed by the trial Court dated 31.01.2025 whereby the trial Court has rejected application under Order 9 Rule 13 CPC for setting aside ex-parte decree. Further challenge is made to the order dated 03.04.2025 passed by the appellate Court whereby the appellate Court has rejected appeal against the said order and refused to set aside the ex-parte decree.

2. The learned counsel for the petitioner has vehemently argued before this Court that to consider an application for setting aside ex-parte decree, the matter has to be liberally construed by the Court and once the defendant approaches the Court within the statutory period then all the more liberal approach has to be taken by the Court. The sufficient cause refers to the date on which the absence was made a ground for proceeding an ex- parte, and previous circ