Adjudication Of Litigation Is To Be Done On Merits As Far As Possible: SC [Read Judgment]
5 years, 8 months ago

Adjudication Of Litigation Is To Be Done On Merits As Far As Possible: SC [Read Judgment]

Live Law  

While affirming an order of setting aside an ex-parte decree, the Supreme Court, observed that as far as possible, adjudication of cases is to be done on merits.In Robin Thapa vs. Rohit Dora, the Trial Court allowed the application filed by the defendant under Order 9 Rule 13 of the Code for setting aside the Ex-Parte Decree. While affirming an order of setting aside an ex-parte decree, the Supreme Court, observed that as far as possible, adjudication of cases is to be done on merits. In Robin Thapa vs. Rohit Dora, the Trial Court allowed the application filed by the defendant under Order 9 Rule 13 of the Code for setting aside the Ex-Parte Decree. The Apex Court bench comprising of Justice Ashok Bhushan and Justice KM Joseph observed: "Ordinarily, a litigation is based on adjudication on the merits of the contentions of the parties.

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History of this topic

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
1 year, 10 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

Litigation Should Not Be Terminated By Default, Cause Of Justice Requires Adjudication On Merits As Far As Possible: Andhra Pradesh High Court
1 year, 11 months ago

Litigation Should Not Be Terminated By Default, Cause Of Justice Requires Adjudication On Merits As Far As Possible: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has allowed the condonation of a delay of 339 days for the suit filed in 2012 for a permanent injunction to restrain the defendant from obstructing the use of the passage in any manner by taking the bullock cart. Though the suit is of the year 2012, still the same is pending and if the …

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 5 months ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

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 …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 9 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
4 years, 2 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

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 …

Family Court order setting aside ex-parte judgment is appealable: Orissa HC [Read Judgment]
8 years, 6 months ago

Family Court order setting aside ex-parte judgment is appealable: Orissa HC [Read Judgment]

Live Law  

An application to set aside an ex-parte decree is an ‘interlocutory judgment’, which finally determines the right of the parties in the said proceeding, the Bench observed.The Orissa High Court in Gyanasis Jena vs. Rekha Swain, has held that a family court order allowing an application to set aside an ex-parte judgment is appealable under Section 19 of the Family …

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]
9 years, 6 months ago

‘Procedure’ is meant only to facilitate the administration of justice and not to defeat the same: Supreme Court [Read the Judgment]

Live Law  

In a Judgment on a Civil Appeal which it pronounced today, the Supreme Court reiterated that ‘Procedure is meant only to facilitate the administration of justice and not to defeat the same.’ On sufficient cause, delay in bringing the legal representatives of the deceased party on record should be condoned. In a Judgment on a Civil Appeal which it pronounced …

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