MALKIAT SINGH AND ANR. versus JOGINDER SINGH AND ORS.

MALKIAT SINGH AND ANR. versus JOGINDER SINGH AND ORS.

Appellants were neither careless nor negligent and should not suffer for the absence of notice after counsel pleaded 'no instructions'; the ex-parte decree is to be set aside and proceedings restored from the relevant stage.

Parties
Appellants: Malkiat Singh and Anr.; Respondents: Joginder Singh and Ors.
Jurisdiction
India
Judgment Date
02 December 1997
Procedural Posture
Civil Appeal / Supreme Court Appeal After High Court Dismissal in Limine
Outcome
Appeal allowed; ex-parte decree and subsequent orders set aside; case remanded to trial court to proceed from where it stood on 18.11.1991.
Legal Topics
Ex Parte Decree, Setting Aside Ex Parte Decree, Order 9 Rule 13 CPC
Civil Procedure Ex Parte Decree Setting Aside Ex Parte Decree Order 9 Rule 13 CPC

Case Brief

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Parties

Malkiat Singh and Anr.

Appellants

Joginder Singh and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal After High Court Dismissal in Limine

Legal Issues

  1. 1 Whether the appellants were at fault or negligent in defending the suit when their counsel pleaded 'no instructions' and they were not present, leading to an ex-parte decree.
  2. 2 Whether the ex-parte decree should be set aside under Order 9 Rule 13 CPC.

Ratio Decidendi

Appellants were neither careless nor negligent and should not suffer for the absence of notice after counsel pleaded 'no instructions'; the ex-parte decree is to be set aside and proceedings restored from the relevant stage.

Court Disposition

Appeal allowed; ex-parte decree and subsequent orders set aside; case remanded to trial court to proceed from where it stood on 18.11.1991.

Orders

  • The order of the trial court dated 18.11.1991 and the ex-parte decree dated 8.2.1992 are set aside.
  • Orders of the District Judge and High Court dismissing civil revision petition are set aside.