Order IX Rule 13 CPC | Defendant Can Only Take Part In Hearing After Ex-Parte Decree Against It Is Set Aside, Can't File Written Statement: Orissa HC
3 years, 1 month ago

Order IX Rule 13 CPC | Defendant Can Only Take Part In Hearing After Ex-Parte Decree Against It Is Set Aside, Can't File Written Statement: Orissa HC

Live Law  

The Orissa High Court has reiterated that even after an ex parte decree is set aside under Order IX Rule 13 of the CPC, the defendant neither can be relegated to the original position nor can be allowed to file a written statement. 2 and 3 for their non-appearance on the date when the suit was called on for hearing, the learned Senior Civil Judge has committed gross error in allowing the application under Order IX Rule 13. Thus, when Senior Civil Judge has discussed the evidence available on record and found sufficient cause for condoning the delay in filing application under Order IX Rule 13 and set aside the ex parte decree, the High Court in the exercise of supervisory jurisdiction under Article 227 should not re-assess the same and substitute the finding of learned Senior Civil Judge by its own. Consequently, the Court concluded that on a close reading of the impugned order, it appears that learned Senior Civil Judge has made his best endeavour and discussed the matter in detail with reference to materials available on record to set aside the ex parte decree.

Court Order Hearing Suit Cpc Set Rule File Nos Defendant Written Statement Aside Defendant Nos Order Ix Rule 13 Sufficient Cause Senior Civil Judge Parte Decree Sitanjali Jena  written  statement  ix  set  defendant  rule  court  nos  hc  orissa  aside  ex  v  hearing  file  parte  decree  order  suit

History of this topic

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court
3 months ago

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

Live Law  

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an …

Directing Deposit Of 75% Suit Claim To Condone Delay & Set Aside Exparte Decree Unwarranted & Disproportionate: Supreme Court
1 year ago

Directing Deposit Of 75% Suit Claim To Condone Delay & Set Aside Exparte Decree Unwarranted & Disproportionate: Supreme Court

Live Law  

The Supreme Court in a recent order on deprecated the condition imposed by the High Court for the deposit of 75% of suit claim to condone delay and set aside an ex parte order. However, on September 14 2023, the Single Judge directed that the ex parte decree could be set aside upon the condition of appellant depositing 75% of …

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court
1 year, 3 months ago

Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13 : Supreme Court

Live Law  

The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 is not maintainable against the dismissal of an application field under Order IX Rule 13 of the CPC to set aside an ex-parte decree “When there is an express provision available under the CPC or any statute under which an …

Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court
1 year, 9 months ago

Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court

Live Law  

The Kerala High Court recently enunciated that the time limit which has been fixed under Rule 8 of the Tribunal for the Local Self Government Institution Rules, 1999, is only in respect of petitions to be filed as provided in Rules 8 and 8 of the Rules, 1999 and not in respect of a petition filed in the said proceedings …

OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court
1 year, 10 months ago

OV R17 CPC | No Service Of Summons If Process Server Does Not Affix Notice On Door Or Conspicuous Part Of Defendant's Address: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the process server not affixing notice as per the provision under Order V Rule 17 CPC would be deemed to be an illegality and that it cannot be said to be an irregularity in the context of the second proviso to Order IX Rule 13 CPC. The bench comprising Justice …

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court
1 year, 11 months ago

Inadvertence To Produce Document Not Substantial Cause To Invoke Order XLI Rule 27 CPC: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that inadvertence on the part of a party to produce a document before the Court cannot be construed as a substantial cause within the meaning of Rule 27 of Order XLI of the Civil Procedure Code to allow application for production of additional documents. Order XLI R 27 of …

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court
2 years ago

Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court

Live Law  

The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the …

Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long
2 years ago

Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long

Live Law  

The Orissa High Court has recently set aside an order by a Revenue Divisional Commissioner which was pronounced 15 months after hearing of the case concluded. While deprecating unreasonable delay in pronouncing verdict, a Single Bench of Justice Biswanath Rath said, “…if such mode is accepted, then disposal of such matters providing opportunity of hearing may not be a requirement …

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court
2 years, 6 months ago

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court

Live Law  

The Kerala High Court recently observed that an order passed without issuing notice to the opposite party cannot be brought under the purview of Section 36 CPC and it cannot be executed through court until the same is merged in a subsequent order after notice to the opposite party.Justice P. Somarajan observed that in cases where the ex parte order …

An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC
2 years, 6 months ago

An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC

Live Law  

The Calcutta High Court has held that an ex-parte decree which is obtained by suppression of the fact of non-service on the defendant would be vitiated by fraud. The Bench of Justice Shekhar B. Saraf set aside an ex-parte decree under Order IX Rule 13 CPC on the ground that the defendant could not be served with a notice of …

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC
2 years, 7 months ago

Order XLI Rule 25 CPC | Party Can't Amend Plaint In Court's Limited Jurisdiction To Determine Additional Issues Framed By Appellate Court: Sikkim HC

Live Law  

The Sikkim High Court recently dismissed a petition filed under Article 227 of the Constitution seeking permission to amend plaint and file a written statement to the counter-claim filed by the respondents, pending proceedings before the Civil Court under Order XLI Rule 25 CPC.The provision provides that an Appellate Court may frame certain additional issues for examination and refer them. …

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 7 months ago

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently set aside a decree and judgment which was ex-parte in nature as the defendant could not adduce evidence during trial due to ill health. "the impugned decree and judgment are only ex- parte in nature since the evidence of defendant was not adduced in this case and he failed to attend the Court…So there …

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court
2 years, 8 months ago

[Order XXII Rule 3 CPC] Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Live Law  

The Delhi High Court has held that applications under Order XXII Rule 3 of CPC for substitution of legal heirs, or under Order XXII Rule 9 of the Code for setting aside abatement of proceedings must be considered liberally. The issues that arose for consideration in this case were– whether the consumer complaint case filed by the respondents had abated …

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court
2 years, 8 months ago

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court

Live Law  

The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the …

Order IX Rule 13 CPC - Trial Court Can Decide Prayer Of Defendants To Permit Filing Of Written Statement After Setting Aside Ex Parte Decree: Supreme Court
2 years, 10 months ago

Order IX Rule 13 CPC - Trial Court Can Decide Prayer Of Defendants To Permit Filing Of Written Statement After Setting Aside Ex Parte Decree: Supreme Court

Live Law  

The Supreme Court observed when an ex ­parte decree is set aside and the suit is restored to file, the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed ex ­parte.The bench comprising Justices M R Shah and B V Nagarathna, in this case, observed that a Trial Court …

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court
3 years, 1 month ago

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court

Live Law  

The Delhi High Court recently reiterated that "provisions of Order VIII Rule 1 CPC make it clear that a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit". It …

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court
3 years, 7 months ago

CPC - Application To Amend Admissions Can Be Entertained Even After Judgment Is Reserved Under Order XII Rule 6 : Delhi High Court

Live Law  

The Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgment on the basis of admission under Order XII Rule 6 of the CPC.A single judge bench of Justice Asha Menon was dealing with petitions challenging the order dated 4th August 2020 wherein the Trial …

Application Under Order IX Rule 13 CPC Can Be Allowed Only When Sufficient Cause Is Made Out To Set Aside Ex­ Parte Decree: Supreme Court
4 years ago

Application Under Order IX Rule 13 CPC Can Be Allowed Only When Sufficient Cause Is Made Out To Set Aside Ex­ Parte Decree: Supreme Court

Live Law  

Application under Order 9 Rule 13 of the Code of Civil Procedure cannot be automatically granted and can be allowed only when sufficient cause is made out to set aside the ex­ parte decree, the Supreme Court observed.In this case, the tenant had filed an application to set aside an ex-parte decree against him which was dismissed by the Trial …

Orissa HC Extends Interim Orders Passed By It & Courts Subordinate To It Till July 15 [Read Order]
4 years, 9 months ago

Orissa HC Extends Interim Orders Passed By It & Courts Subordinate To It Till July 15 [Read Order]

Live Law  

Considering that normal functioning of the Courts of the State may not be resumed in immediate future, a division bench of the Orissa High Court comprising of Chief Justice Mohammad Rafiq and Justice Savitri Ratho, has extended all interim orders passed by the High Court and by the courts subordinate to it, till July 15, 2020. As per the order, …

Lockdown 3: Orissa HC Extends Interim Orders Passed By It & Courts Subordinate To It Till June 18 [Read Order]
4 years, 10 months ago

Lockdown 3: Orissa HC Extends Interim Orders Passed By It & Courts Subordinate To It Till June 18 [Read Order]

Live Law  

In view of commencement of third phase of the lockdown, a division bench of the Orissa High Court comprising of Justice CR Dash and Justice SK Panigrahi has extended all interim orders passed by the High Court and by the courts subordinate to it, that expired subsequent to March 24, till June 18, 2020. As per the order, "That all …

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]
5 years, 8 months ago

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]

Live Law  

The Supreme Court has issued notice in Special Leave Petition in which the issue raised is whether a person who is not a party to the suit cannot move an application to set aside ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. Order IX Rule 13 provides that, in any case in which a …

Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree : SC [Read Judgment]
6 years, 1 month ago

Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree : SC [Read Judgment]

Live Law  

The Supreme Court has held that a decree passed after taking plaintiff's evidence, without the appearance of defendant at the trial stage, is an ex-parte decree, which could be set aside under Order IX Rule 13 of the Code of Civil Procedure.The bench of Justice A M Sapre and Dinesh Maheshwari passed the order in the case G.Ratna Raj by …

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling
7 years, 2 months ago

Bombay HC Allows Ex Parte Decree in Notice of Motion, Despite Supreme Court Ruling

Live Law  

The Bombay High Court has ruled that an ex parte decree can only be passed under Rule 90 of the Original Side Rules and not under Order VIII of the Code of Civil Procedure. This means that the ex parte decree was recalled in this case because the court did not follow the correct procedure in issuing the notice of …

Ex Parte Decree Can Be Passed By Bombay HC In Notice Of Motion Filed Under Original Side Rules Only, Not Under Order VIII Of CPC: HC [Read Judgment]
7 years, 2 months ago

Ex Parte Decree Can Be Passed By Bombay HC In Notice Of Motion Filed Under Original Side Rules Only, Not Under Order VIII Of CPC: HC [Read Judgment]

Live Law  

The Bombay High Court recently held that on its original side, an ex parte decree can be passed in a notice of motion filed only under Rule 90 of the Original Side Rules and not under Order VIII of the Code of Civil Procedure.Justice GS Patel followed the judgments of the Supreme Court as well as two division benches of …

Ex-Parte Decree On Being Set Aside Becomes Non-Est And Cannot Be Regarded As Decree Passed By Court Of First Instance [Read Judgment]
7 years, 6 months ago

Ex-Parte Decree On Being Set Aside Becomes Non-Est And Cannot Be Regarded As Decree Passed By Court Of First Instance [Read Judgment]

Live Law  

Answering the issue as to whether, in a suit for pre-emption, an ex parte decree which is later set aside, can be termed to be the decree of the court of first instance, the Supreme Court has said that ex-parte decree, once set aside, will cease to exist and cannot be regarded as decree of the court of first instance.The …

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