Case Note & Summary
The applicant, M/s Videocon International Ltd., had instituted a suit against the respondents, M/s Video Links & Ors., which was decreed ex parte on 13th July 2004. The respondents filed an application under Order 9 Rule 13 CPC to set aside the ex parte decree, which was dismissed by the trial court. The respondents then appealed to the District Court, which allowed the appeal and set aside the ex parte decree, restoring the suit to its original stage. The applicant challenged this order by way of a civil revision application under Section 115 CPC. The High Court noted that the District Court had not properly considered the merits of the application under Order 9 Rule 13 CPC and had merely allowed the appeal without adequate reasoning. The High Court set aside the order of the District Court and remanded the matter back to the District Court for fresh consideration in accordance with law. The High Court directed the District Court to decide the appeal afresh, giving opportunity to both parties to be heard.
Headnote
A) Civil Procedure - Ex Parte Decree - Setting Aside - Order 9 Rule 13, Code of Civil Procedure, 1908 - The District Court set aside an ex parte decree and restored the suit, but the High Court found that the lower appellate court had not properly considered the grounds for setting aside the ex parte decree. The High Court held that the revision application was maintainable and remanded the matter for fresh consideration. (Paras 1-5)
Issue of Consideration
Whether the District Court was justified in setting aside the ex parte decree and restoring the suit without considering the merits of the application under Order 9 Rule 13 CPC.
Final Decision
The High Court allowed the revision application, set aside the order of the District Court dated 13th September 2005, and remanded the matter back to the District Court for fresh consideration in accordance with law. The District Court was directed to decide the appeal afresh after giving opportunity to both parties.
Law Points
- Order 9 Rule 13 CPC
- Section 115 CPC
- Ex parte decree
- Sufficient cause
- Restoration of suit
Case Details
2006 LawText (BOM) (06) 29
Civil Revision Application No.73 of 2006
Shri R.D. Soni with Shri M.A. Saiyed i/by M/s. Ram & Co. for the Applicant; Shri Shriram S. Kulkarni for the Respondents.
M/s Videocon International Ltd.
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Nature of Litigation
Civil revision application against order of District Court setting aside ex parte decree and restoring suit.
Remedy Sought
Applicant sought to challenge the order of the District Court allowing the appeal and setting aside the ex parte decree.
Filing Reason
The District Court allowed the appeal without proper consideration of the merits of the application under Order 9 Rule 13 CPC.
Previous Decisions
Trial court dismissed the application under Order 9 Rule 13 CPC; District Court allowed appeal and set aside ex parte decree.
Issues
Whether the District Court was justified in setting aside the ex parte decree without proper consideration of the grounds under Order 9 Rule 13 CPC.
Submissions/Arguments
Applicant argued that the District Court did not properly consider the merits of the application under Order 9 Rule 13 CPC.
Respondents supported the order of the District Court.
Ratio Decidendi
The District Court must consider the application under Order 9 Rule 13 CPC on its merits and provide reasons for setting aside an ex parte decree. The order of the District Court was set aside as it did not adequately consider the grounds for setting aside the ex parte decree.
Judgment Excerpts
As short question of law arises, Rule is made returnable forthwith by consent.
This revision application takes exception to the judgment and order dated 13th September, 2005 passed by the District Court Pune at Pune in Misc. Civil Appeal No.196 of 2005.
Procedural History
The applicant filed a suit which was decreed ex parte on 13-7-2004. Respondents filed application under Order 9 Rule 13 CPC which was dismissed by trial court. Respondents appealed to District Court which allowed appeal on 13-9-2005. Applicant filed civil revision application in High Court on 20-6-2006.
Acts & Sections
- Code of Civil Procedure, 1908: Order 9 Rule 13, Section 115
