VidhiSangh

Supreme Court of India · 16/08/2023

Y. P. LELE versus MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ORS.

[2023] 11 S.C.R. 141 · 2023 INSC 732

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Summary

The Court restored the setting aside of an ex parte money decree. The explanation to Order XVII Rule 2 could not deem the absent defendants present merely because the plaintiff had led evidence: it applies to the absent party whose own evidence has substantially been recorded. The suit was directed to proceed on its merits, with part of the appellant’s deposit returned.

Issues

  1. Whether the explanation to Order XVII Rule 2 barred the defendants’ application under Order IX Rule 13.
  2. What deposit should remain as a condition while the suit proceeded afresh.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and suit to be decided on merits after due opportunity. Of the 50% claim deposit, 20% plus accrued interest to remain in automatically renewable fixed deposit; 30% plus interest to be returned within four weeks of filing this order with a refund application before the trial court. No costs.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 141.