G. RATNA RAJ (D) BY LRS. versus SRI MUTHUKUMARASAMY PERMANENT FUND LTD. & ANR.

G. RATNA RAJ (D) BY LRS. versus SRI MUTHUKUMARASAMY PERMANENT FUND LTD. & ANR.

Since the defendants did not lead evidence and were proceeded ex parte, the preliminary decree passed is an ex parte decree that can be set aside under Order 9 Rule 13 CPC. The Division Bench was justified in allowing the setting aside of the ex parte decree and restoring the suit for disposal on merits.

Parties
Appellant: G. Ratna Raj (D) by LRS.; Respondent: Sri Muthukumarasamy Permanent Fund Ltd.; Respondent: Balajee & Ors.
Jurisdiction
India
Judgment Date
01 February 2019
Procedural Posture
Civil Appeal Nos. 2582 2583 of 2011 / Appeal From Division Bench Order of High Court of Madras in OSA Nos. 299 & 300 of 2006
Outcome
Appeals dismissed
Legal Topics
Ex Parte Decree, Redemption of Mortgage, Permanent Injunction, Applicability of Order XVII Rule 2 Explanation, Setting Aside Ex Parte Decree
Civil Procedure Ex Parte Decree Redemption of Mortgage Permanent Injunction Applicability of Order XVII Rule 2 Explanation Setting Aside Ex Parte Decree

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

G. Ratna Raj (D) by LRS.

Appellant

Sri Muthukumarasamy Permanent Fund Ltd.

Respondent

Balajee & Ors.

Respondent

Procedural Posture

Civil Appeal Nos. 2582 2583 of 2011 / Appeal From Division Bench Order of High Court of Madras in OSA Nos. 299 & 300 of 2006

Legal Issues

  1. 1 Whether the preliminary decree dated 25.02.2003 is an 'ex parte decree' for purposes of Order 9 Rule 13 CPC
  2. 2 Applicability of Order XVII Rule 2 Explanation where parties have or have not led evidence
  3. 3 Whether the application under Order 9 Rule 13 CPC for setting aside the decree is maintainable

Ratio Decidendi

Since the defendants did not lead evidence and were proceeded ex parte, the preliminary decree passed is an ex parte decree that can be set aside under Order 9 Rule 13 CPC. The Division Bench was justified in allowing the setting aside of the ex parte decree and restoring the suit for disposal on merits.

Court Disposition

Appeals dismissed

Orders

  • Trial Court (Single Judge) is directed to decide Original Suit No. 131/1999 on merits in accordance with law, preferably within one year.
  • Defendant No.1 must pay cost of Rs.10,000/- to plaintiff as condition for setting aside the ex parte decree.