KEWAL RAM versus SMT. RAM LUBHAI & ORS. AND VICE VERSA

KEWAL RAM versus SMT. RAM LUBHAI & ORS. AND VICE VERSA

Where defendants are not served at any stage nor in appeal, there is no decree in law against them; hence, they may apply under Order IX Rule 13 to set aside ex parte decree, even after an appellate decree. The decree may be set aside against unserved defendants while remaining effective against those who were present and contested.

Parties
Appellant in C.a. 15/1974, Respondent in C.a. 1875/1974: Kewal Ram; Respondent in C.a. 15/1974, Appellant in C.a. 1875/1974: Smt. Ram Lubhai; Respondent No.2: Chet Ram; Respondent No.3: Kuldip Ram
Jurisdiction
India
Judgment Date
26 March 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court's Civil Revision No. 147/72
Outcome
Appeals dismissed
Legal Topics
Order IX Rule 13 CPC Setting Aside Ex Parte Decree, Pre Emption Suit, Merger of Decrees, Service of Summons, Effect of Non Service on Parties
Civil Procedure Property Law Order IX Rule 13 CPC Setting Aside Ex Parte Decree Pre Emption Suit Merger of Decrees Service of Summons Effect of Non Service on Parties

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Parties

Kewal Ram

Appellant in C.a. 15/1974, Respondent in C.a. 1875/1974

Smt. Ram Lubhai

Respondent in C.a. 15/1974, Appellant in C.a. 1875/1974

Chet Ram

Respondent No.2

Kuldip Ram

Respondent No.3

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court's Civil Revision No. 147/72

Legal Issues

  1. 1 Whether an application under Order IX Rule 13 CPC to set aside an ex parte decree is maintainable before the Trial Court when the appellate decree has confirmed the trial court decree and the applicant was not served at either stage
  2. 2 Whether a joint pre-emption decree can be set aside partly against non-served ex parte defendants but allowed to stand against contesting defendant

Ratio Decidendi

Where defendants are not served at any stage nor in appeal, there is no decree in law against them; hence, they may apply under Order IX Rule 13 to set aside ex parte decree, even after an appellate decree. The decree may be set aside against unserved defendants while remaining effective against those who were present and contested.

Court Disposition

Appeals dismissed

Orders

  • No bar for unserved defendants to apply before the Trial Court under Order IX Rule 13 to set aside ex parte decree against them
  • Decree to stand against Kewal Ram, set aside against Chet Ram and Kuldip Ram