VidhiSangh

Supreme Court of India · 19/12/2024

DWARIKA PRASAD (D) THR. LRS. versus PRITHVI RAJ SINGH

[2024] 12 S.C.R. 2075 · 2024 INSC 1030

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Summary

The Supreme Court restored a trial court order setting aside an ex parte decree, holding that a defendant who was kept unaware of the decree by his counsel and applied under Order IX Rule 13 CPC within days of learning of it did not need to file a separate application under Section 5 of the Limitation Act, and that a party should not suffer for the default of his advocate.

Issues

  1. Whether an application under Order IX Rule 13 CPC filed after the limitation period counted from the decree, but promptly after the defendant learnt of the ex parte decree, had to be accompanied by a separate application under Section 5 of the Limitation Act.
  2. Whether the revisional court was justified in interfering with the trial court's discretionary order setting aside the ex parte decree.
  3. Whether a litigant should suffer for the negligence or default of his counsel.

Provisions considered

Held

Result

Appeal allowed; the High Court's order set aside, the writ petition allowed and the trial court's order of 29.04.2000 restored; the trial court directed to proceed with O.S. No. 81 of 1988 and endeavour to decide it within a year; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 2075.