SALIL DUTTA versus T.M. AND M.C. PRIVATE LTD.

SALIL DUTTA versus T.M. AND M.C. PRIVATE LTD.

A private limited company with educated management cannot claim absolute immunity from consequences of non-appearance by blaming their advocate's alleged advice. The story presented was not credible; the party chose to not cooperate with the court. The ex-parte decree should not be set aside on these grounds.

Parties
Appellant: Salil Dutia; Respondent: T.M. & M.C. Private Ltd.
Jurisdiction
India
Judgment Date
05 February 1993
Procedural Posture
Civil Appeal / Final Supreme Court Appeal From Calcutta High Court Decision
Outcome
Appeal allowed. Division Bench order of Calcutta High Court dated 3.3.1992 set aside; its order dated 8.7.1991 restored.
Legal Topics
Setting Aside Ex Parte Decree, Order 9 Rule 13 CPC, Advocate's Negligence, Failure to Appear
Civil Procedure Setting Aside Ex Parte Decree Order 9 Rule 13 CPC Advocate's Negligence Failure to Appear

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Parties

Salil Dutia

Appellant

T.M. & M.C. Private Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Appeal From Calcutta High Court Decision

Legal Issues

  1. 1 Whether improper advice of advocate is a sufficient cause for setting aside an ex-parte decree under Order 9 Rule 13 CPC
  2. 2 Can a party disown its advocate's acts to seek relief from an ex-parte decree

Ratio Decidendi

A private limited company with educated management cannot claim absolute immunity from consequences of non-appearance by blaming their advocate's alleged advice. The story presented was not credible; the party chose to not cooperate with the court. The ex-parte decree should not be set aside on these grounds.

Court Disposition

Appeal allowed. Division Bench order of Calcutta High Court dated 3.3.1992 set aside; its order dated 8.7.1991 restored.

Orders

  • The order of the Division Bench of the Calcutta High Court dated 3.3.1992 is set aside.
  • The previous order dated 8.7.1991 is restored.