AIR 1982 SUPREME COURT 1397 ::(1982) MarriLJ 574 ::1982 UJ (SC) 594 ::(1983) 1 CivLJ 276 ::1982 (2) SCC 596 ::(1982) 95 Mad LW 148 ::(1983) 2 APLJ 9.1 ::(1982) All WC 681 ::1982 BBCJ 192 ::1982 (2) DMC 330 ::1983 Lawyer 15 52 ::(1983) 1 SCR 372 (SC) ::(1983) 1 SCJ 1 ::(1983) 1 SCWR 106

Supreme Court Of India

(From : AIR 1982 Delhi 71)

Hon'ble Judge(s): R. S. Pathak, Amarendra Nath Sen , JJ

Civil P.C. (5 of 1908) , O.9 R.13 Expln.— Ex parte decree - Remedies of defendant - Impact of explanation - Appeal against decree, disposed of, on ground other than withdrawal thereof - Application for setting aside decree, under R. 13 - Not competent. AIR 1982 Delhi 71, Reversed. A plain reading of the Explanation clearly indicates that if any appeal against an ex parte decree has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application for setting aside the ex parte decree under O. 9, R. 13 will be entertained. The words used in the Explanation are clear and unambiguous. The language used in the explanation clearly suggests that where there has been an appeal against a decree passed ex parte and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under O. 9, R. 13 for setting aside the ex parte decree. An appeal may be disposed of on various grounds. It may be disposed of after proper hearing on merits and this is usually the normal way of disposal of an appeal. An appeal may be disposed of also for non-prosecution thereof. Though the dismissal of an appeal on the ground of non-prosecution of the same is not disposal of the appeal on merits, yet the dismissal of the appeal for non-prosecution results i....