Defendants were proceeded ex parte and were found not to have led any evidence, Court could only proceed under O. 17 R. 3(b) r/w. O. 17 R. 2 of CPC for disposal of suit - Such decree, was "ex parte decree" and, therefore, could be set aside on making out sufficient ground by defendants.

Citation

AIROnline 2019 SC 2571

SUPREME COURT

ABHAY MANOHAR SAPRE, J. and DINESH MAHESHWARI, J.

CIVIL APPEAL - 2582 of 2011 D/-1-2-2019

G. Ratna Raj (D) by LRS. v. Muthukumarasamy Permanent Fund Ltd.

Civil P.C. (5 of 1908), 0.9 R.6(1)(a), 0.17 R.2, 0.17 R.3

Ex-parte decree - Setting aside of Since - defendants were proceeded ex parte and were found not to have led any evidence, Court could only proceed under O. 17 R. 3(b) r/w. O. 17 R. 2 of CPC for disposal of suit - Trial Court proceed to hear suit ex parte by taking recourse to O. 9 R. 6 (a) because plaintiff was present and defendant was absent despite service of notice - Such decree, was "ex parte decree" and, therefore, could be set aside on making out sufficient ground by defendants. (Paras 28 29)