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Supreme Court Of India

(From : HIMACHAL PRADESH)*

Hon'ble Judge(s): B. P. Singh, H. S. Bedi , JJ

Civil P.C. (5 of 1908) , S.151, O.9 R.7— Ex parte decree - Non appearance of counsel for defendant before Court - Counsel even not representing before Court for their non appearance - Court deciding to proceed ex parte i.e. examining witnesses present in Court, hearing arguments and reserving judgment to be pronounced later in day - Application by counsel for recall of order reserving judgment to be pronounced - Rejected - Ex parte decree passed - Liable to be set aside - Party could not be made to suffer when he was not at fault. RFA No. 133 of 1998, D/- 29-8-2005 and 22-9-2005 (HP), Reversed. Where the counsel engaged by the defendant did not appear before the Court on the day fixed for hearing nor represented to the Court about their absence, the Court decided to proceed ex parte and examined the witnesses present in the Court and heard the arguments and reserved its judgment to be pronounced later in the day, the ex parte order passed by the Court after rejecting the application for recall of the order to pronounce the ex parte judgment, was liable to be set aside. In such a case, though counsel of the defendant were not careful enough to inform the Court about their pre occupation before the High Court which prevented them from being present in his Court when the case was called for hearing. But the passing of an ex parte d....