2000 (3) TMI 1126 - SC - Indian Laws

Summary

Issues involved: Suit for arrears of rent, ejectment, and damages decreed ex-parte, application for setting aside ex-parte judgment and decree dismissed, challenge regarding non-appearance on hearing date, interpretation of "sufficient cause" u/s Order 9 Rule 13 CPC.

In this case, the respondent-landlord filed a suit against the appellant-tenant for ejectment and recovery of arrears of rent, alleging non-payment of rent and failure to vacate the premises. The appellant claimed to have constructed the tenanted premises with permission and challenged the competence of the landlord to file the suit. The suit was decreed ex-parte on 10-3-1983 due to the absence of the appellant and his counsel, leading to the application under Order 9 Rule 13 CPC to set aside the ex-parte judgment. The appellant cited reasons for non-appearance, including his illness and the death of his counsel's nephew on the hearing date. However, both the trial Court and the High Court dismissed the application, leading to the appeal.

The Supreme Court emphasized the interpretation of "sufficient cause" u/s Order 9 Rule 13 CPC, stating that it must be liberally construed to ensure complete justice between the parties. The Court highlighted that sufficient cause must refer to the date of absence leading to the ex-parte proceedings and not prior circumstances. It was noted that the appellant's absence was due to genuine reasons, such as illness and a family tragedy, and obtaining a medical certificate from a private doctor should not be a basis for rejection. The Court criticized the narrow and technical approach of the lower courts, emphasizing the need to consider reasonable defenses and timely applications to set aside ex-parte decrees.

Ultimately, the Supreme Court allowed the appeal, setting aside the orders of the lower courts and the ex-parte judgment and decree. The appellant was directed to pay costs to the other party and given the opportunity to prove his case within a reasonable time frame. The trial Court was instructed to expedite the disposal of the suit, preferably within six months from the date of the Supreme Court's order.