VidhiSangh

Supreme Court of India · 22/04/2025

KANCHHU versus PRAKASH CHAND & ORS.

[2025] 4 S.C.R. 1490 · 2025 INSC 542

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Summary

The High Court, under Article 227, had condoned a delay of about seven years in seeking recall of the dismissal of a writ petition, restored it and then set aside a 1991 ex parte decree because the trial court had not considered the written statement, without examining whether the defendants had shown sufficient cause under Order IX Rule 13 CPC. The Court set that order aside, holding that the defendants had never explained their absence and that a defendant set ex parte has only the limited right to cross-examine the plaintiff's witnesses and to have pure questions of law decided; the decree could not be faulted for not acting on an unproved written statement.

Issues

  1. Whether the High Court was justified, in exercise of jurisdiction under Article 227 of the Constitution, in allowing the writ petition, recalling its order dismissing the petition as infructuous and setting aside the ex parte decree.
  2. Whether the defendants had shown sufficient cause under Order IX Rule 13 CPC for their non-appearance in the suit.
  3. What rights a defendant who has been set ex parte retains, and whether an ex parte decree can be set aside on the ground that the defence in the written statement was not considered.

Provisions considered

Held

Result

Appeal allowed; the High Court's order dated 01/05/2024 set aside; the appellate court's order dated 08/10/2002 upholding the dismissal of the Order IX Rule 13 application restored, with the result that the respondents' writ petition stands dismissed; pending applications closed.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 1490.