G.P. SRIVASTAVA versus SHRI R.K. RAIZADA AND ORS.

G.P. SRIVASTAVA versus SHRI R.K. RAIZADA AND ORS.

A liberal and realistic interpretation of 'sufficient cause' was necessary; appellant's reasons for non-appearance were reasonable and timely raised; ex-parte decree ought to be set aside with compensation by costs.

Parties
Appellant: G.P. Srivastava; Respondents: R.K. Raizada and Ors.
Jurisdiction
India
Judgment Date
03 March 2000
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Revision and Review
Outcome
appeals allowed
Legal Topics
Ex Parte Decree, Setting Aside Decrees, Sufficient Cause, Order 9 Rule 13 CPC, Ejectment, Arrears of Rent
Civil Procedure Landlord Tenant Ex Parte Decree Setting Aside Decrees Sufficient Cause Order 9 Rule 13 CPC Ejectment Arrears of Rent

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Parties

G.P. Srivastava

Appellant

R.K. Raizada and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Revision and Review

Legal Issues

  1. 1 Whether sufficient cause was shown for non-appearance and setting aside the ex-parte decree under Order 9 Rule 13 of CPC.

Ratio Decidendi

A liberal and realistic interpretation of 'sufficient cause' was necessary; appellant's reasons for non-appearance were reasonable and timely raised; ex-parte decree ought to be set aside with compensation by costs.

Court Disposition

appeals allowed

Orders

  • Ex-parte judgment and decree against appellant set aside on payment of Rs.5,000 to respondents.
  • Trial Court to afford appellant opportunity to prove his case and expedite disposal of suit preferably within six months.