Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: Ord. IX r. 13 – Setting aside ex-parte decree – On facts Code of Civil Procedure application u/Ord. IX r. 13 by the appellants |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Ord. IX r. 13 – Setting aside ex-parte decree – On facts, application u/Ord. IX r. 13 by the appellants seeking condonation of delay, setting aside of an exparte decree and also to allow them to file written statement and to take up the suit on merits – Trial court allowed the application by condoning the delay and set aside the ex-parte decree – In appeal, the High Court though upheld the order passed by the trial court, it held that the appellants cannot be permitted to file their written statement – On appeal, held: Once the ex-parte decree is set aside and the suit is restored to file, appellants cannot be relegated back to the position prior to the date of hearing of the suit – It should have been left to the trial court to consider the prayer of appellants whether to allow them to file written statement or not, which was also prayed in the application – There was no order passed by the trial court on the prayer made by the appellants to allow them to file written statement – Trial court condoned the delay and set aside the ex-parte decree and the said order of condonation of delay and setting aside the ex-parte decree was the subject matter before the High Court – Thus, the impugned judgment and order passed by the High Court that the appellants cannot be permitted to file their written statement is beyond the scope and ambit of the petition filed before the High Court, thus, unsustainable and is quashed and set aside – Issue whether appellants may be allowed to file their written statement or not, remanded to the trial court. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 579 |
Petitioner | Sudhir Ranjan Patra (dead) Thr. Lrs. & Anr. |
Respondent | Himansu Sekhar Srichandan & Ors. |
SCR | [2022] 3 S.C.R. 381 |
Judgement Date | 2022-05-17 |
Case Number | 3641 |
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