9911796707
TMI Blog2024 (9) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... provision for appeal, to set aside the exparte order under Order IX Rule 7 CPC. In such circumstances, since the Commercial Courts Act, does not preclude the applicability of Order IX Rule 7 of CPC in the commercial suit, the impugned order of return, passed by learned Principal District Judge, Chengalpattu, dated 18.12.2023 is liable to be set aside. The impugned returned order, dated 18.12.2023 is set aside. The learned Principal District Judge, Chengalpattu is directed to take on file the petition filed by the petitioners under Order IX Rule 7 and dispose of the same on merits. This civil revision petition is allowed. - MR. V. SIVAGNANAM, J. For Petitioners : Mr. V. Subramanian ORDER This Civil Revision Petition has been filed to issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the learned counsel for the petitioners that, Section 13 of Commercial Courts Act, 2015, clearly prescribed the kind of orders, against which appeal would lie; and in this regard, the proviso under Section 13(1-A) of the Act clearly states that the appeal shall lie on such orders, specifically enumerated under Order 43 of CPC; but, while looking at Order 43 of CPC, it does not provide an appeal from the order of setting exparte under Order IX Rule 6(a) of CPC. It is further argued by the learned counsel for the petitioners that, there is no provision in the Commercial Courts Act, 2015, speaks about setting exparte or setting aside the exparte order and at the same time, the Act, does not preclude applicability of Order IX Rule 7 of CPC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd. Any decree passed by civil court established in any part of India to which the provisions of this Code do not extend, or by any Court established or continued by the authority of the Central Government outside India, may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the manner herein provided within the jurisdiction of any court in the territories to which this Code extends. 7. In view of Section 13 of the Commercial Courts Act, the appeal will lie only for the orders passed by the Commercial Court Act, that has been specifically enumerated under Order 43 of CPC. But, in the Order 43 of CPC, there is no provision for appeal, to set aside the exparte order under Order IX Rule 7 CPC. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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