Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Checking relevance for 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...
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...
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...
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...
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.
