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

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.