Case Note & Summary
The case involved appeals against a High Court order that upheld a Trial Court's decision to set aside an ex parte decree but restricted the appellants from filing their written statement. The original plaintiff had filed a suit for declaration of rights over certain land, and the appellants, original defendants, had failed to file their written statement despite multiple opportunities. After the ex parte decree was passed, the appellants sought to set it aside and file their written statement, which the Trial Court allowed. However, the High Court, while confirming the Trial Court's order, ruled that the appellants could not file their written statement. The appellants contended that this ruling was erroneous as it was not within the scope of the High Court's review. The respondents argued that the High Court's decision was justified due to the appellants' prior inaction. The Supreme Court found that the High Court's prohibition on filing the written statement was unsustainable since the Trial Court had not addressed this specific issue. The Court remanded the matter back to the Trial Court to consider the appellants' request to file their written statement, emphasizing that the Trial Court should decide the matter based on the merits of the case. The appeals were allowed without costs.
Headnote
A) Civil Procedure - Ex Parte Decree - Setting Aside and Written Statement - Code of Civil Procedure, 1908, Order IX Rule 13 - The High Court's order prohibiting the appellants from filing their written statement after setting aside the ex parte decree was beyond its scope. The learned Trial Court had not made any order regarding the filing of the written statement, thus the issue was remanded for consideration (Paras 6-7).
Issue of Consideration
Whether the High Court erred in prohibiting the appellants from filing their written statement after setting aside the ex parte decree.
Final Decision
The Supreme Court quashed the High Court's order prohibiting the appellants from filing their written statement and remanded the matter to the Trial Court to consider the appellants' request within three months from the first date of hearing.
Law Points
- Order IX Rule 13 CPC
- Section 5 Limitation Act
- ex parte decree
- written statement filing
- restoration of suit
