...traverse, but it proceeds to record the evidence of plaintiff and delivers the judgment in favour of plaintiff in the circumstance “non appearance”. In one sentence, the judgment under the princip...993 as follows:“The Court has held that everything which is likely to happen in the trial Court vis-a-vis non-appearance of the Defendant at the time of hearing of...defendant to file written statement of defence and calls upon plaintiff to lead evidence, it is obvious that the Court is not inclined to deliver a judgment in favour of plaintiff under rule of ...

...willful and intentional and, therefore, ex parte judgment & decree should not be set aside. On consideration of the matter, this Court finds no ground to interfere in the exercise of its revisional jurisdi...filed. Thereafter, the defendant/petitioner and his counsel stopped appearing in the Court. The suit remained pending, after the defendant/petitioner was proceeded ex parte, approximately for a period ...two and half years. However, the defendant did not appear during this long period of two and half years, resulting in ex parte judgment & decree. Petitioner filed an application on 22.11.2013 for...

...favour of plaintiff under rule of non traverse, but it proceeds to record the evidence of plaintiff and delivers the judgment in favour of plaintiff in the circumstances “non ...their advocate appeared and as a result of which the suit came to be decreed ex parte in their absence vide judgment and order dated 17-10-1994. The defendants and their advocate claim that they came...referring to the judgment in Rashtriya Chemicals case (supra), also took a similar view. In short, it has been held in the said judgment that a decree which is passed in the absence of the ...

...Civil Procedure Code. In the old Code Act VIII of 1859, ex parte decrees were dealt with by s. 119. It provided:“No appeal shall lie from a judgment passed ...was competent and Mr. Justice Parsons said, he would like, to consider the question further. In the second case, the case is of an ex parte decree against a defendant. Mr. Justice Mahmood made a...arose out of an ex parte dismissal of a suit on the Original Side of the High Court and the question that was posed before the Bench was whether an appeal lay under cl. 15 of the Letters ...

...that the trial shall proceed in his absence and that anything that takes place in his absence shall hold good. A decree however is in its nature final and when an ex parte decree is passed, there can be no question ...during the Period of his non-appearance.3. Several decisions were cited by both sides most of which deal with the effect of an order setting aside a decree passed ex ...position is that the second defendant against whom an order declaring him ex parte was passed on the date of the first hearing is entitled to come in and take part in the trial at a later stage. If he...

...(1983) 1 SCC 401 to submit that non appearance of counsel at the time of hearing on account of being busy elsewhere was a su...(original suit No. 05/2016), whereby the application filed by the appellant-defendant under Order 9 Rule 13 CPC for setting aside the ex parte judgment and decree dated 15.12.2016, has been dismissed..., appellant-defendant's Advocate put in appearance and filed Vakalatnama. The appellant-defendant neither filed written statement nor appeared on 25.4.2015. Resultantly the matter was proceeded ex parte...

...) 1 SCC 401 to submit that non appearance of counsel at the time of hearing on account of being busy elsewhere was a sufficient cause to entitle a party for restoration of th...sufficient cause for non appearance has not been given by the appellant-defendant. 10. The judgment passed by the Hon'ble Apex Court in the case of Savithri Amma...another Court and appellant-defendant was out of town for purposes of his livelihood. Therefore, when the ex-parte proceedings were carried out against him, neither the appellant-defendant nor his...

...not persuaded by the submission of the judgment debtor. After analysing the aforesaid judgments and discussing the ratio thereof, the learned Single Judge opined that a judgment given in a particular case ...judgment will be one on the merits of the case, while in the latter the judgment will be one not on the merits of the case. Thus it is obvious that the non-appearance of the ...overruled holding that even an ex-parte judgment in favour of the plaintiff may be deemed to be a judgment on merits if some evidence is adduced on behalf of the plaintiff and a ...

...Kesho Pershad v. Hirday Narain quoted by him did lay it down, that the guardian of a minor Defendant is bound in every case to appear at the trial, and that th..., so far as the minor was concerned, the non-appearance in the suit of the guardian was a sufficient cause within the meaning of sec. 108 of the Code, and that the ex parte decre...his guardian, appointed as such by the Court. None of the Defendants appeared at the trial, and an ex parte preliminary decree was passed in favour of the Petitioner on the 8th September 1898...

...judgment on 31.03.2022. To set aside the ex parte order that had been passed against the petitioner on 24.11.2021, an application in I.A.No.6 of 2022 was filed. This was opposed by the respondent...Procedure is maintainable, only if the defendant shows a good cause for his non-appearance during the previous hearing. The additional condition is that, the suit should be adjourned for "hearing" in...the suit ex parte. 7. When the matter was adjourned for pronouncement of judgment, there is no question of hearing at all. Therefore, the application under Order IX...

...1. The Civil Procedure Code of 1859, Section 119, provided that no appeal should lie from a judgment passed ex parte against a defendant who did not.... Section 108 embodies a portion of Section 119 of the old Code, and permits a defendant, against whom an ex parte decree has been passed, to apply to the Court...provisions of the Civil Procedure Code of 1859 and the rules made under it, applicable to proceedings taken under Act V of 1866, so that a defendant, against whom an ex parts decree under...

...which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time. If “sufficient cause” is made out for non-appearance of the...appearing when the suit was called on for hearing. Unless “sufficient cause” is shown for non-appearance of the defendant in the case on the date of hearing, the court has no power to set aside an ..., ejectment and damages filed against the appellant was decreed ex parte on 10-3-1983. The application for setting aside the ex parte judgment and decree filed on 7-4-1983 in terms of Order 9 Rule...

...the former case the judgment will be one on the merits of the case, while in the latter the judgment will be one not on the merits of the case. Thus it is obvious that the non-appearance ...was ruled that in a case in which there is no appearance at all for the defendant and a decree is passed ex parte, it must be deemed that the decree was passed on the merits. In the first ...country on a foreign judgment given, on default of appearance of the defendant, on the plaint allegations without any trial on evidence”. All the three learned Judges of the Full Bench an...

...the Summons for judgment. There is an essential distinction in the 2 procedures. The judgment under sub-rule 6(a) (supra) would be passed for non-appearance of the ...over the suit for judgment in the next week.5. On 3rd July, 2008 the defendant remained absent. The defendant was not represented by any Advocate. The Court recorded non-compliance of the...judgment that has been passed against him. The defendant's position is much the same as of a defendant in a Regular Suit, who though having appeared in the suit and having been represented in the suit has...

...with by s. 119. That section began with the following words “No appeal shall lie from a judgment passed ex-parte against a defendant who has not appeared, or from a judgment agai...judgment in Lal Singh v. Kunjan, I have given my reasons for holding that an appeal will lie by a defendant from a decree passed ex-parte under the provisions of Chapter ...ruled by a majority of the Full Bench of this Court that a defendant against whom a decree has been passed ex-parte by a Court of first instance cannot appeal, ...

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...the judgment of Punjab and Haryana High Court in the case of N.K Electronics v. Narinder Kumar2013 (4) Civil Court Cases 373 (P&H) ...ex-parte decree. However, as pointed out by the non-applicant/plaintiff in the reply to the application, the applicant/defendant has not even bothered to give the name of the advocate, who had left...condoned there is no reason, in the facts of the present case, for setting aside of the exparte proceedings against the appellant/defendant and the ex parte judgment and decree.8. T...

...parte decree mainly on the ground of non-joinder of necessary party? 5. A defendant against whom an ex parte decree has been passed under Rule 6 for default ...necessary party in the earlier suit being in possession of suit accommodation and he was not impleaded as a party defendant in that suit, therefore, decree be set aside. The suit for setting aside ex parte...Judge, Class-II, Bilaspur in which ex parte decree of eviction was passed on 05.03.1981 against defendant No.2, against which Nitindra Nath filed an application under Order 9 Rule 13 CPC for setting...

...Order 9 Rule 13 CPC filed on behalf of the appellants has been dismissed, this appeal has been filed under Order 43 Rule 1(d) of CPC.2. An ex-parte judgment and de...decreeing the suit of specific performance of contract and mandatory injunction was passed by learned Trial Court on 14.2.2007 An application to set aside the ex-parte judgment and decree was filed by...Saturday Sunday, the application to set aside the ex-parte judgment and decree was filed on 9.4.20074. The contention of Shri Dubey, learned counsel for the appellants is that although...