NANDA DULAL PRADHAN & ANR. versus DIBAKAR PRADHAN & ANR.

NANDA DULAL PRADHAN & ANR. versus DIBAKAR PRADHAN & ANR.

The High Court's order setting aside the First Appellate Court's restoration of the suit was unsustainable; the First Appellate Court's order setting aside the ex-parte judgment and decree is restored. On restoration, defendants who failed to file a written statement shall not be permitted to file one but may participate in the suit, cross-examine witnesses and make submissions on merits.

Parties
Appellant: NANDA DULAL PRADHAN & ANR.; Respondent: DIBAKAR PRADHAN & ANR.
Jurisdiction
India
Judgment Date
11 July 2022
Procedural Posture
Civil Appeal / Appeal
Outcome
Partly allowed; impugned High Court judgment and order set aside; First Appellate Court order restoring the suit and setting aside the ex-parte decree restored.
Legal Topics
Setting Aside Ex Parte Decree, Order IX Rule 13 CPC, Restoration of Suit, Permission to Participate and Cross Examine Without Written Statement
Civil Procedure Setting Aside Ex Parte Decree Order IX Rule 13 CPC Restoration of Suit Permission to Participate and Cross Examine Without Written Statement

Case Brief

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Parties

NANDA DULAL PRADHAN & ANR.

Appellant

DIBAKAR PRADHAN & ANR.

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the High Court was right in setting aside the First Appellate Court's order restoring the suit and setting aside the ex-parte decree
  2. 2 Whether defendants who did not file a written statement can be permitted to participate in suit proceedings and cross-examine witnesses after restoration of the suit
  3. 3 Whether defendants can be permitted to file written statement upon restoration of the suit

Ratio Decidendi

The High Court's order setting aside the First Appellate Court's restoration of the suit was unsustainable; the First Appellate Court's order setting aside the ex-parte judgment and decree is restored. On restoration, defendants who failed to file a written statement shall not be permitted to file one but may participate in the suit, cross-examine witnesses and make submissions on merits.

Court Disposition

Partly allowed; impugned High Court judgment and order set aside; First Appellate Court order restoring the suit and setting aside the ex-parte decree restored.

Orders

  • Impugned judgment and order of the High Court dated 16.05.2018 set aside.
  • Order passed by the First Appellate Court setting aside the ex-parte judgment and decree and restoring the suit is restored.