2021 AIR CC 85 (Del) ::2020 (5) ADR 321 ::AIROnline 2020 DEL 995

Delhi High Court

Hon'ble Judge(s): Anu Malhotra , J

Civil P.C. (5 of 1908) , O.9 R.7, O.47 R.1— Ex parte decree - Setting aside of - Defendants/respondents in suit had been set ex parte on 10.10.2011 but they appear to have resurfaced before trial Court in April, 2016 seeking ex parte proceedings to be set aside by moving application under O. 9 R. 7, CPC - No good cause shown or any explanation for not moving an application for setting aside of ex parte proceedings, at least from 9.7.2014 when counsel for one of respondents put in appearance for first time after ex parte proceedings dated 10.10.2011 till application under O. 9 R. 7, CPC was moved on 4.4.2016 - Same thus made it apparent that application which was filed as a delaying tactic, ought not to have been allowed by Trial Court merely on ground of taking into account nature of case that had been filed - Impugned order passed by trial court, set aside. (Para 13 14)