VIJA Y KUMAR MADAN AND ORS. versus R.N. GUPTA TECHINCAL EDUCATION SOCIETY AND ORS.

VIJA Y KUMAR MADAN AND ORS. versus R.N. GUPTA TECHINCAL EDUCATION SOCIETY AND ORS.

The trial court's order imposing deposit of monthly lease rent as a condition for setting aside the ex-parte order was too onerous, vague, and unclear, amounting to prejudging the controversy and virtually decreeing the suit. The High Court was justified in setting aside the condition. Under Order 9 Rule 7 CPC, courts can impose reasonable terms and costs but not those that impose an undue burden or determine the merits prematurely.

Parties
Appellants: Vijay Kumar Madan and Ors.; Respondents: R.N. Gupta Technical Education Society and Ors.
Jurisdiction
India
Judgment Date
18 April 2002
Procedural Posture
Civil Appeal / Appeal Disposed
Outcome
Appeal disposed of
Legal Topics
Ex Parte Proceedings, Setting Aside Ex Parte Order, Imposition of Terms on Defendant, Recovery of Arrears of Rent, Possession, Costs
Civil Procedure Ex Parte Proceedings Setting Aside Ex Parte Order Imposition of Terms on Defendant Recovery of Arrears of Rent Possession Costs

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Parties

Vijay Kumar Madan and Ors.

Appellants

R.N. Gupta Technical Education Society and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Disposed

Legal Issues

  1. 1 Whether the trial court was justified in imposing terms requiring deposit of monthly lease rent while setting aside ex-parte order under Order 9 Rule 7 CPC
  2. 2 Whether such terms were too onerous and amounted to prejudging the suit

Ratio Decidendi

The trial court's order imposing deposit of monthly lease rent as a condition for setting aside the ex-parte order was too onerous, vague, and unclear, amounting to prejudging the controversy and virtually decreeing the suit. The High Court was justified in setting aside the condition. Under Order 9 Rule 7 CPC, courts can impose reasonable terms and costs but not those that impose an undue burden or determine the merits prematurely.

Court Disposition

Appeal disposed of

Orders

  • Ex-parte order dated 2.5.98 and trial court judgment and decree based on it are set aside
  • Suit restored on trial court's file