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 can consider whether on setting aside the ex­parte decree,. Before the Apex Court, the appellants- defendants contended that once the suit was restored to file by setting aside the ex­parte decree and no order was passed by the Trial Court on whether the written statement be permitted to be taken on record or not, the High Court ought not to have observed anything on the same and ought to have left it to the Trial Court. The respondents - plaintiffs relied on Sangram Singh Vs. Election Tribunal, Kotah and another; AIR 1955 SC 425 and Arjun Singh Vs. Mohindra Kumar and others; AIR 1964 SC 993 to contend that when an ex­parte decree is set aside and the suit is restored to file, the defendants cannot be relegated back to the position prior to the date of hearing of the suit and he would be debarred from filing any written statement in the suit. Therefore, once the ex­parte decree is set aside and the suit is restored to file and even as per the decisions of this Court in the case of Sangram Singh and Arjun Singh the defendants cannot be relegated back to the position prior to the date of hearing of the suit in that case also, it should have been left to the learned Trial Court to consider the prayer of defendant Nos.

Supreme Court High Court Trial Court Trial Court Statement Singh Suit File This Case Written Defendants Prayer Written Statement Decree Aside Setting Ex Parte Ix Rule Order Ix Rule 13 Order Ix Rule Ex Parte Decree Parte Justices M R Shah Sangram Singh  singh  permit  suit  parte  file  decree  statement  court  prayer  written  setting  defendants  aside  trial  supreme  rule

History of this topic

Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court
1 month, 1 week ago

Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court

Live Law  

The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for …

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, 6 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. …

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, …

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 …

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