REENA SADH versus ANJANA ENTERPRISES

REENA SADH versus ANJANA ENTERPRISES

Strict compliance with Rule 6 Chapter 13 was not followed; the appellant, as a party before the Delhi High Court, was not served notice of transfer and dates; absence of such notice was sufficient reason to set aside the ex parte decree against her under Order IX Rule 13.

Parties
Appellant: Reena Sadh; Respondent: Anjana Enterprises
Jurisdiction
India
Judgment Date
04 April 2008
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Order Rejecting Application to Set Aside Ex Parte Decree
Outcome
Appeal allowed
Legal Topics
Notice of Transfer, Ex Parte Decree, Order IX Rule 13 CPC, Delhi High Court Rules Rule 6 Chapter 13
Civil Procedure Notice of Transfer Ex Parte Decree Order IX Rule 13 CPC Delhi High Court Rules Rule 6 Chapter 13

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Parties

Reena Sadh

Appellant

Anjana Enterprises

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Order Rejecting Application to Set Aside Ex Parte Decree

Legal Issues

  1. 1 Whether strict compliance with Rule 6 Chapter 13 of Delhi High Court Rules is required for transfer of suit and service of notice on all parties
  2. 2 Whether absence of notice of transfer justifies setting aside ex parte decree under Order IX Rule 13 CPC

Ratio Decidendi

Strict compliance with Rule 6 Chapter 13 was not followed; the appellant, as a party before the Delhi High Court, was not served notice of transfer and dates; absence of such notice was sufficient reason to set aside the ex parte decree against her under Order IX Rule 13.

Court Disposition

Appeal allowed

Orders

  • Orders of courts below set aside
  • Application under Order IX Rule 13 allowed