Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908-0rder 9 Rule 13 and Order 17 Rule 2 and 3- Civil procedure Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Civil procedure Code, 1908-order 9 Rule 13 and Order 17 Rule 2 and 3-Plaintiff's evidence over-Defendant's evidence to begin-Neither defence witnesses nor any one present on behalf of defendant Procedure to be followed by Court-Ex-parte decree-Setting aside of. In a suit in which the appellant was defendant, after the plaintiff's p evidence was over, the defendant was to begin his evidence on 24th January, 1985. As no witness was present, at the request of defendant's counsel the case was adjourned to 7th May, 1985. On that day, the case was transferred to another Court and the transferee Court ordered the case to be put up on 21st August, 1985. It being a holiday, the case was put up on 22nd August, 1985 when it was adjourned to 30th October, 1985. On that day, no one was present for the defendant. The case was again taken up at I p.m. but the situation remained the same. Since none of the witnesses for defendant was also present, evidence was closed and case fixed for arguments for 1st November. 1985. On this date also nobody appeared for the defendant and the case was adjourned to 8th November, 1985. On that day, arguments of the plaintiff's counsel were heard and as none was present for defendant, the case was fixed for judgment on 11th November, 1985. On this date also nobody was present for defendant and since judgment was not ready it was postponed to 21st November, 1985. On this date the judgment was dictated, pronounced and decree was ordered to be prepared. The defendant filed an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside ex-parte decree urging that he came to know about decree on 18th January, 1986 when the plaintiff came to take possession. The trial Court dismissed the application holding that it was not maintainable because the case was disposed of not in accordance with Order 17 Rule 2, but in accordance with Order 17 Rule 3. An application for review was also dismissed by the Trial Court. The first appeal too was summarily dismissed by the High Court. |
Judge | Hon'ble Mr. Justice G.L. Oza |
Neutral Citation | 1986 INSC 240 |
Petitioner | Prakash Chander Manchanda And Anr. |
Respondent | Smt. Janki Manchanda |
SCR | [1987] 1 S.C.R. 288 |
Judgement Date | 1986-11-18 |
Case Number | 2847 |
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