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Supreme Court Of India

(From : (1999) 6 AD (Delhi) 401)

Hon'ble Judge(s): K. T. Thomas, R. P. Sethi , JJ

(A) Civil P.C. (5 of 1908) , O.9 R.13, S.35— Ex parte decree - Passed due to absence of Advocate pursuant to strike call - Set aside subject to payment of cost by party - Party to realise amount of cost from Advocate concerned. Constitution of India , Art.21— Per Court :- Where suit was decreed ex parte in consequence of non-appearance of @page-SC208 counsel on date fixed for hearing on the premise of strike call given by Advocates, and an application for setting aside ex parte order was made by appellant-Company stating that appellant-Company being situated in another city it was not possible for him to make arrangements for appearance in Court at short notice of strike call and from such a long distance, in special circumstances of case, non-appearance of appellant-Company is attributable entirely to his counsel, ex parte order can be set aside subject to payment of cost. The Advocate can be mulcted with cost of setting aside of ex parte decree. Since the Court is adopting such a measure for the first time and the counsel would not have been conscious of such a consequence befalling them the Court directs party to realise half of the amount of cost from the firm of Advocate or any one of its partners.(Para 15) Court puts profession to notice that in future the advocate would also b....