Or. 9 rule 13 of CPC – set aside exparte decree -Litigation should not be terminated by default – adjudication be done on merits.
8. Ordinarily, a litigation is based on adjudication on the merits of the contentions of the parties. Litigation should not be terminated by default, either of the plaintiff or the defendant. The cause of justice does require that as far as possible, adjudication be done on merits.
9. The disputed agreement is dated 18.04.2012. Summons was issued and it was received but according to the appellant, by his mother. The Trial Court has apparently accepted the case of the appellant that the mother did not bring the receipt of the summons to the notice of the appellant and that it was sometime in June, 2014 that the appellant can be credited with knowledge of the Suit
10. Order further appears to reveal that the plaintiff was present in person. The plaintiff has filed his proof affidavit. It was decided to proceed against the appellant ex parte. There is, however, a reference 4 to the application to engage an advocate by the appellant. The case stood posted for ex parte argument on 08.08.2014. As parties were not present on the said day, the case was posted to 15.09.2014. However, on 12.09.2014, the case stood transferred to another Court. No intimation was given under Rule 89A to the appellant
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4507 OF 2019 (@ S.L.P.(C) No.35428 of 2017) ROBIN THAPA … APPELLANT(S) VERSUS ROHIT DORA … RESPONDENT(