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Supreme Court of India · 01/02/2019

G. RATNA RAJ (D) BY LRS. versus SRI MUTHUKUMARASAMY PERMANENT FUND LTD. & ANR.

[2019] 1 S.C.R. 845 · 2019 INSC 123

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A preliminary decree passed after the defendants failed to appear before leading any evidence was an ex parte decree susceptible to Order IX Rule 13 CPC. The fact that the plaintiff had already given evidence did not activate the Explanation to Order XVII Rule 2 against the absent defendants. Setting aside the decree on sufficient cause and costs was upheld, with the restored mortgage-redemption suit to be decided on merits.

Issues

  1. Whether a decree passed after defendants’ absence, following completion of the plaintiff’s evidence but before any defence evidence, was ex parte.

Provisions considered

Held

Result

Appeals dismissed; setting aside of the ex parte preliminary decree upheld subject to defendant No.1 paying ₹10,000 costs. Trial court to decide the restored suit on merits, preferably within one year, permitting the legal representatives to be brought on record.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 845.