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Checking relevance for Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan...

Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan - 2022 5 Supreme 344 : Once an ex-parte decree is set aside and the suit is restored to file, the defendants cannot be relegated back to the position prior to the date of hearing of the suit. However, whether the defendants (specifically defendant Nos. 2 and 3 in this case) may be allowed to file a written statement is a matter to be decided by the Trial Court, especially when such a prayer was specifically made in the application under Order IX Rule 13. The High Court''''s observation that they cannot be permitted to file a written statement was held to be unsustainable and beyond the scope of the appeal, and the issue was remanded to the Trial Court for consideration on its merits.Checking relevance for C. Prabhakar Rao VS Sama Mahipal Reddy...

C. Prabhakar Rao VS Sama Mahipal Reddy - 2025 3 Supreme 193 : Yes, a defendant can file a written statement after an ex-parte decree is set aside. The court explicitly directs that the Trial Court must hear the application for setting aside the ex-parte decree (I.A. No. 1163 of 2021) and, upon setting it aside, the defendant is entitled to file a written statement. The judgment states: ''''We revive I.A. No. 1163 of 2021 and direct the Trial Court to take up said application and dispose it of as expeditiously as possible, preferably within two months from the date of the receipt of this order.'''' This implies that once the ex-parte decree is set aside, the suit is restored and the defendant may proceed with filing a written statement.Checking relevance for Ramesh Chand Ardawatiya VS Anil Panjwani...

Ramesh Chand Ardawatiya VS Anil Panjwani - 2003 4 Supreme 27 : A defendant can file a written statement after an ex-parte decree has been set aside, provided the right to file such a statement has not been forfeited. The court held that if the time for delivering the defence has expired or the right to file a written statement has been lost, neither a written statement nor a counter-claim can be allowed. However, where an ex-parte decree is set aside, the defendant''''s right to file a written statement is restored, and the trial can proceed as if the ex-parte proceedings had not occurred. This is implied by the principle that the setting aside of an ex-parte decree reinstates the defendant''''s procedural rights, including the right to file a written statement, as long as the time for doing so has not lapsed beyond the court''''s discretion. The document emphasizes that the right to file a written statement is lost only when the time for delivery has expired or the defendant has forfeited it, and that such forfeiture is not automatic upon the issuance of an ex-parte decree but depends on procedural timelines and court discretion.Checking relevance for G. P. Srivastava VS R. K. Raizada...

Checking relevance for Nanda Dulal Pradhan VS Dibakar Pradhan...

Nanda Dulal Pradhan VS Dibakar Pradhan - 2022 0 Supreme(SC) 600 : On setting aside an ex-parte judgment and decree, defendants may not be permitted to file the written statement but can participate in the suit proceedings and cross-examine witnesses.Checking relevance for M. Rangasamy (Since deceased rep by legal heirs) VS M. Girija...

M. Rangasamy (Since deceased rep by legal heirs) VS M. Girija - 2021 0 Supreme(Mad) 1166 : Yes, a defendant can file a written statement after an ex parte decree is set aside. The court explicitly allowed the petitioners (legal heirs of the original defendant) to file a petition to set aside the ex parte decree, and upon setting it aside, directed the trial court to restore the suit and dispose of it expeditiously. This restoration implies that the defendant (or their legal heirs) is entitled to proceed with the suit, including filing a written statement, as the case is being reopened for proper adjudication. The court emphasized that the ex parte decree was invalid due to lack of a proper judgment, and the suit must be restored to ensure justice, which necessarily includes the right to file a written statement.

AI Overview...

Filing of Written Statement after Exparte Decree Set Aside - Generally, a defendant who has been set ex parte has the right to file a written statement even after the ex parte decree has been set aside, provided they do so within the stipulated time and following proper procedures. Several sources confirm that once an ex parte decree is vacated, the defendant can re-enter the proceedings by filing a written statement. For example, in S.SAM DAVIDSON vs SANTHAKUMARI - Madras, the defendant sought to file a written statement after setting aside the ex parte decree, indicating the possibility of such action. Similarly, in THE GOVERNMENT TELE vs R.VENKATESAN - Madras, the defendant was permitted to file a written statement after the ex parte order was set aside, although delays and procedural lapses can affect this right.H. BASHEER AHMED vs S. ANANDA KUMSR - Madras, S.SAM DAVIDSON vs SANTHAKUMARI - Madras, G.VIDYA vs BELFORT SAGAYAMAIRE ADELINE - Madras, THE GOVERNMENT TELE vs R.VENKATESAN - Madras
Conditions and Limitations - The right to file a written statement post-set aside is subject to conditions such as filing within the prescribed time frame (usually 30 days from the date of setting aside the ex parte order or decree). Delay in filing can lead to the application being dismissed, as seen in NARASIMHAN NAIDU vs TMT.VENKATAMMAL - Madras and MUTHUKUMAR vs PARI - Madras, where courts dismissed petitions to set aside ex parte decrees due to delay or procedural lapses. Furthermore, the court considers whether the defendant had a valid reason for not filing earlier, such as illness or lack of legal counsel, as in THE GOVERNMENT TELE vs R.VENKATESAN - Madras.NARASIMHAN NAIDU vs TMT.VENKATAMMAL - Madras, MUTHUKUMAR vs PARI - Madras
Effect of Filing Written Statement after Exparte Decree is Set Aside - Once the ex parte decree is set aside and the defendant files a written statement, the case proceeds on merits, and the defendant can participate fully in the trial. However, if the defendant fails to file the written statement within the allowed time, the court may proceed ex parte again or dismiss the application. For instance, in D.PARTHASARATHY vs J. BALASUBRAYALU - Madras, the defendant's right to file a written statement was recognized after setting aside the ex parte decree, enabling them to contest the case. Conversely, in K.R.ANANDASWAROOP vs A.ANBARASU - Madras, delays led to the decree remaining in force until properly set aside, and subsequent filings were scrutinized.D.PARTHASARATHY vs J. BALASUBRAYALU - Madras, K.R.ANANDASWAROOP vs A.ANBARASU - Madras

Analysis and Conclusion:A defendant can file a written statement after an ex parte decree has been set aside, provided they do so within the statutory period and without undue delay. Courts emphasize the importance of timely filings and valid reasons for delays. Once the ex parte order or decree is vacated, the defendant regains the right to participate fully in the proceedings, including filing a written statement and adducing evidence. However, procedural lapses or delays can result in dismissal or rejection of such applications. Therefore, the key is prompt action and adherence to legal procedures after setting aside an ex parte decree.

Can Defendant File Written Statement After Ex-Parte Decree Set Aside?

In civil litigation, ex-parte decrees can catch defendants off guard, often due to absence during hearings. But what happens when such a decree is set aside? A common question arises: Whether Defendant can File Rejection of Plaint After Filing of Written Statement—wait, more precisely, can the defendant file a written statement after the ex-parte decree has been set aside? This issue touches on fundamental rights to a fair trial under the Code of Civil Procedure (CPC), particularly Orders 8, 9, and 17.

This blog post delves into the legal framework, judicial precedents, and practical steps, drawing from key cases like Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan - 2022 5 Supreme 344 and C. Prabhakar Rao VS Sama Mahipal Reddy - 2025 3 Supreme 193. Note: This is general information based on precedents and not specific legal advice. Consult a qualified lawyer for your case.

Understanding Ex-Parte Decrees and Setting Them Aside

An ex-parte decree is passed when the defendant fails to appear, leading to a one-sided judgment favoring the plaintiff (Order 9 Rule 6 CPC). Defendants can seek to set it aside under Order 9 Rule 13 CPC by showing sufficient cause for absence, such as illness, lack of notice, or unavoidable circumstances.

Once set aside, the suit is typically restored to its original position. But does this automatically allow filing a written statement (Order 8 Rule 1 CPC)? Generally, yes, but subject to court discretion and timelines. As highlighted in various precedents, setting aside restores the defendant's opportunity to participate fully. G.VIDYA vs BELFORT SAGAYAMAIRE ADELINE - 2021 Supreme(Online)(MAD) 17944 - 2021 Supreme(Online)(MAD) 17944

Key Legal Finding

A defendant can file a written statement after the ex-parte decree has been set aside, provided the court permits it and the application for setting aside the decree is properly considered on merits.

Setting aside an ex-parte decree restores the defendant's opportunity to participate in the trial.
The right to file a written statement is generally available once the ex-parte decree is set aside, subject to the court’s discretion. Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan - 2022 5 Supreme 344
The procedural requirement is that the defendant must seek the court’s permission or follow the proper process to file a written statement after the decree is set aside.

Right to File Written Statement Post-Set Aside: Detailed Analysis

Legal provisions and judicial precedents establish that once an ex-parte decree is set aside, the defendant is entitled to participate in the proceedings anew, including filing a written statement. This principle ensures natural justice, restoring parties to the position as if the decree never existed.

Judicial Interpretation and Case Law

Courts have consistently upheld this right:

In Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan - 2022 5 Supreme 344, the Court clarified that once ex-parte decree is set aside and suit is restored to file, defendants cannot be relegated back to position prior to date of hearing of suit. The Court emphasized that the defendant’s prayer to file a written statement should be considered by the Trial Court, and no order denying such permission should be made without proper consideration. The High Court’s observation that defendants could not file written statements after setting aside the decree was deemed unsustainable, and the matter was remanded. Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan - 2022 5 Supreme 344
Similarly, in C. Prabhakar Rao VS Sama Mahipal Reddy - 2025 3 Supreme 193, the Court highlighted that the remedies against these orders are independent and one remedy would not subsume the other, and that setting aside an ex-parte decree inherently provides the defendant an opportunity to participate fully, including filing a written statement. The Trial Court was directed to consider permission accordingly. C. Prabhakar Rao VS Sama Mahipal Reddy - 2025 3 Supreme 193

Additional sources reinforce this:

In S.SAM DAVIDSON vs SANTHAKUMARI - Madras, the defendant sought to file a written statement post-set aside, affirming the possibility. THE GOVERNMENT TELE vs R.VENKATESAN - Madras
G.VIDYA vs BELFORT SAGAYAMAIRE ADELINE - 2021 Supreme(Online)(MAD) 17944 - 2021 Supreme(Online)(MAD) 17944 notes: The 4th defendant was earlier set exparte and thereafter, on an application filed by her, the exparte order was set aside. This allowed re-entry into proceedings. G.VIDYA vs BELFORT SAGAYAMAIRE ADELINE - 2021 Supreme(Online)(MAD) 17944 - 2021 Supreme(Online)(MAD) 17944

Procedure, Discretion, and Timelines

The process isn't automatic:

File Application to Set Aside: Under Order 9 Rule 13, with sufficient cause and condonation of delay if needed (Section 5 Limitation Act).
Court's Satisfaction: If granted on merits, request permission to file written statement explicitly.
Timeline for Written Statement: Typically 30 days from the order setting aside (Order 8 Rule 1), extendable with leave.

The court's discretion is vital. The absence of a formal order explicitly allowing the filing does not bar it if considered properly. However, defendants must act promptly—delays can lead to dismissal, as in NARASIMHAN NAIDU vs TMT.VENKATAMMAL - Madras and MUTHUKUMAR vs PARI - Madras, where procedural lapses affected rights. NARASIMHAN NAIDU vs TMT.VENKATAMMAL - Madras MUTHUKUMAR vs PARI - Madras

From other cases:- - 2024 Supreme(Online)(Mad) 78045 - 2024 Supreme(Online)(Mad) 78045: Courts may grant fresh opportunity to the defendants to file written statement post-set aside, but dismiss if delay petitions fail. - 2024 Supreme(Online)(Mad) 78045 - 2024 Supreme(Online)(Mad) 78045- In THE GOVERNMENT TELE vs R.VENKATESAN - Madras, permission was granted despite prior lapses, considering valid reasons like lack of counsel.

Limitations and Exceptions

While the right exists, it's not absolute:

If the setting aside application is dismissed on merits, no written statement opportunity. H. BASHEER AHMED vs S. ANANDA KUMSR - Madras
Court must actively consider the prayer; it cannot be assumed. Explicit denial requires appeal/review.
Procedural rules demand merits-based consideration, including the written statement prayer. C. Prabhakar Rao VS Sama Mahipal Reddy - 2025 3 Supreme 193

Examples of denials:- Delays without cause led to scrutiny in K.R.ANANDASWAROOP vs A.ANBARASU - Madras.- In D.PARTHASARATHY vs J. BALASUBRAYALU - Madras, rights were recognized only after proper set aside. D.PARTHASARATHY vs J. BALASUBRAYALU - Madras

Practical Recommendations for Defendants

To maximize chances:

Explicitly Request Permission: Include in the set-aside application.
File Promptly: Within 30 days; seek condonation if delayed.
Gather Evidence: Prove sufficient cause (e.g., medical certificates).
Trial Court Compliance: Ensure the court passes a specific order. If denied, appeal under Order 43 Rule 1(d).

Trial Courts should consider prayers on merits, as directed in Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan - 2022 5 Supreme 344.

Integrating Broader Context from Precedents

Sources like G.VIDYA vs BELFORT SAGAYAMAIRE ADELINE - Madras affirm defendants standing by written statements post-proceedings. Overall, vacating ex-parte orders enables full participation, but adherence to timelines is key. Courts balance plaintiff interests against defendant fairness, emphasizing prompt action and adherence to legal procedures.S.SAM DAVIDSON vs SANTHAKUMARI - Madras THE GOVERNMENT TELE vs R.VENKATESAN - Madras

Conclusion and Key Takeaways

Generally, defendants may file a written statement after an ex-parte decree is set aside, restoring trial rights, as supported by Sudhir Ranjan Patra (Dead) thr. LRs. VS Himansu Sekhar Srichandan - 2022 5 Supreme 344 C. Prabhakar Rao VS Sama Mahipal Reddy - 2025 3 Supreme 193. However, success hinges on court permission, timely action, and valid grounds.

Key Takeaways:- Restoration = Opportunity to defend, including written statement.- Seek explicit court orders; avoid delays.- Consult professionals—procedural nuances vary by facts.

This framework promotes justice, preventing one-sided decrees. For tailored advice, engage a civil lawyer familiar with local High Court precedents.