ORDER IX RULE 13, CPC: SETTING ASIDE DECREE EX-PARTE AGAINST DEFENDANT

The Hon’ble Supreme Court of India in Nanda Dulal Pradhan Versus Dibakar Pradhan dated July 11,
2022 had laid down that even the ex parte decree has been passed in favour of the Plaintiff, still the
Defendants can be permitted to participate in the suit proceedings and cross-examine the witness. In
this case, the defendants were set ex parte by the Trial Court and later on the defendants filed an
Appeal in the first Appellate Court. The First Appellate Court allowed the appeal filed by defendants
and set aside the ex parte judgement and decree passed by the Trial Court. Being Aggrieved, the
Plaintiff decided to move to the Second Appellate Court, the Orissa High Court set aside the order
passed by the First Appellate Court solely on the ground that as the defendants did not file written
statement and contested the suit, the reopening of the suit would become futile. Thereafter, the
Appeal was filed before the Hon’ble Supreme Court of India and thereafter the Apex Court held that
the order passed by the First Appellate Court was in consonance with law as setting aside the ex
parte decree and on restoration of the suit the parties to the suit shall be put to the same position as
they were at the time when the ex parte judgement and decree was passed and the defendants may
not be permitted to file the written statement. However, at the same time defendants can be
permitted to participate in the suit proceedings and cross examine the witness.