PRAKASH CHANDER MANCHANDA AND ANR. versus SMT. JANKI MANCHANDA

PRAKASH CHANDER MANCHANDA AND ANR. versus SMT. JANKI MANCHANDA

Since no evidence of the defendant had been recorded when the ex parte proceedings took place, the trial court was bound to follow Order 17 Rule 2 and dispose of the case as per Order 9. The application under Order 9 Rule 13 to set aside the ex parte decree was therefore maintainable, and the trial court as well as the High Court were in error in rejecting it as not maintainable.

Parties
Appellant/defendant: Prakash Chander Manchanda; Respondent/plaintiff: Smt. Janki Manchanda
Jurisdiction
India
Judgment Date
18 November 1986
Procedural Posture
Civil Appeal / Appeal Against Summary Dismissal of First Appeal by Delhi High Court; Order Passed by Trial Court Rejecting Review; Application Under Order 9 Rule 13 for Setting Aside Ex Parte Decree
Outcome
Appeal allowed
Legal Topics
Setting Aside Ex Parte Decree, Order 9 Rule 13, Order 17 Rule 2, Order 17 Rule 3
Civil Procedure Setting Aside Ex Parte Decree Order 9 Rule 13 Order 17 Rule 2 Order 17 Rule 3

Case Brief

Summary, issues, holding and outcome

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Parties

Prakash Chander Manchanda

Appellant/defendant

Smt. Janki Manchanda

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Against Summary Dismissal of First Appeal by Delhi High Court; Order Passed by Trial Court Rejecting Review; Application Under Order 9 Rule 13 for Setting Aside Ex Parte Decree

Legal Issues

  1. 1 Whether the application under Order 9 Rule 13 for setting aside ex parte decree was maintainable in light of the procedure followed by the trial court
  2. 2 Whether the trial court erred in proceeding under Order 17 Rule 3

Ratio Decidendi

Since no evidence of the defendant had been recorded when the ex parte proceedings took place, the trial court was bound to follow Order 17 Rule 2 and dispose of the case as per Order 9. The application under Order 9 Rule 13 to set aside the ex parte decree was therefore maintainable, and the trial court as well as the High Court were in error in rejecting it as not maintainable.

Court Disposition

Appeal allowed

Orders

  • The order passed by the High Court and trial court rejecting the application under Order 9 Rule 13 are set aside.
  • The trial court is directed to hear and dispose of the application under Order 9 Rule 13 in accordance with law.