Published on: May 14, 2024 12:22 IST
Court: Supreme Court of India
Case: Robin Thapa v. Rohit Dora 2019
Honourable Supreme Court of India has held that adjudication in a litigation must be based on merits of the contentions of the parties. It is held that Litigation should not be terminated by default, either of the plaintiff or the defendant.
It is held that Application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 to set aside Ex-Parte Order must consider the damage which might be caused to the litigant including the extenuating circumstances.
8. The disputed agreement is dated 18-4-2012. Summons was issued and it was received but according to the appellant, by his mother. The trial court has apparently accepted the case of the appellant that the mother did not bring the receipt of the summons to the notice of the appellant and that it was sometime in June 2014 that the appellant can be credited with knowledge of the suit. The order dated 2-7-2014 reads as follows:
“On behalf of the plaintiff ex parte evidence by way of affidavit (20A2) is filed.
The ex parte proceeding against the defendant is allowed.
The application is submitted to engage an advocate by the defendant. However, the suit is declared ex parte evidence, therefore, the same is rejected. Now the matter is fixed for ex parte argument on dated 8-8-2014.”
12. The matter arises from a suit for specific performance. It may be true that there is a case for the respondent that the appellant has actually let out the building on rent. The appellant’s case is that this is the appellant’s residential house and the matter is a loan transaction. Specific relief is undoubtedly a discretionary relief. The appellant has submitted that the appellant is prepared to deposit the entire amount spent by the respondent towards getting sale deed executed. We would think that the interest of justice demands that subject to putting the appellant on terms, an opportunity should be given to the appellant to contest the case and the case must be directed to be disposed of within the time-limit.
Drafted By Abhijit Mishra