Courts-Transfer of Suit No Notice to Defendants Judgment delivered in absence of Defendants - which can be set aside under Order 9, Rule 13

Citation

2016 (3) MWN (Civil) 129 (Mad)

IN THE HIGH COURT OF MADRAS

M. Duraiswamy, J.

C.R.P.(NPD) No.587 of 2013 & C.M.P. Nos.12504 to 12506 of 2016.

September 02, 2016

Ravishankar Prasad, A. (Deceased); Manohar Prasad, A; Sai Siva Jyothi; A. Lakshmi Ananthi; A. Anjali Krishnamani; A. Indira Anand. [petitioners 3 to 6 Are Impleaded as Per Order of This Court Vide C.M.P. No.12506/2016]

Vs.

Prasad Production Private Ltd., No.28, Arunachalam Road, Saligramam, Chennai-600 093, Rep. by Its Managing Director, Ramesh Prasad

CODE OF CIVIL PROCEDURE, 1908 (5 of 1908), Order 17, Rule 2 & Order 9, Rule 13-PRACTICE & PROCEDURE Enhancement of Pecuniary jurisdiction of Courts-Transfer of Suit No Notice to Defendants Judgment delivered in absence of Defendants-Order 9, Rule 13, whether applicable-Suit filed before High Court transferred to City Civil Court on enhancement of Pecuniary jurisdiction of City Civil Court Defendants not put on Notice with regard to transfer of Suit Suit decreed by Trial Court on merits-Application by Defendants under Order 13, Rule 9 for setting aside ex parte Decree - Application dismissed as not maintainable, as Judgment was delivered on merits-Held, Guidelines issued by Court in case of Ellapuram Panchayat Union v. Sri Bhavaniamman Devasthanam, AIR 1981 Mad. 248, wherein directed that endorsement should be obtained from Counsel of both parties stating that they are aware of transfer of Suit In instant case, no such endorsement obtained by Court from Counsel of Defendants- In such circumstances, in interest of justice, Transferee Court ought to have given Notice to Defendants-Judgment pronounced by Tranferor Court without hearing arguments of Defendants, held, a Judgment under Order 17, Rule 2 which can be set aside under Order 9, Rule 13 Application filed by Defendants under Order 9, Rule 13 along with Application for condonation of delay under Section 5 of Limitation Act, held, maintainable-Order of Lower Court dismissing Application of Defendant, set aside-Matter remanded for fresh disposal. [Para 9, 10, 15 & 16]CASES REFERRED