The High Court of Delhi dismissed an appeal under Order XLIII Rule 1 read with Section 151 CPC challenging the dismissal of an application under Order IX Rule 13 CPC to set aside an ex-parte decree.
The application under Order IX Rule 13 CPC was dismissed; the appeal stands dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Versus JARNAIL SINGH .....Respondent Through: Mr. Satish Kumar, Mr. Chirag Jain, Mr. Parth Mehra and Mr. Harshil Gupta, Advocates
CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA
JUDGMENT (ORAL)
CHANDRASEKHARAN SUDHA, J.
applicant/defendant, in case bearing No. M-130/18 on the file of the learned Additional District and Sessions Judge, South East District, Saket Courts, New Delhi, aggrieved by order dated 01.05.2019 by which his application under Order IX Rule 13 CPC was dismissed.
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applicant/defendant had not received summons in the suit and that he became aware of the decree only upon the receipt of notice in the execution petition. The trial court dismissed the application on the ground that the summons issued to the defendant had been refused by him and that he had knowledge of the decree as early as on 31.05.2018, thereby rendering false his allegation that he came to know about the ex-parte decree only upon the receipt of the notice in the execution petition. Aggrieved by the order, the defendant has come up in appeal.
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in the execution petition, he came to know about the decree.
held by the trial court, refusal is proper service of summons, especially, when he has no case that the postal address shown is incorrect. The allegation that the appellant/defendant came to know about the decree only when he received notice in execution petition is apparently incorrect and false. The records reveal that on 23.01.2018, he had moved an application seeking stay of the
proceedings until he could inspect the records before the trial court
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for the purpose of filing appropriate application for setting aside the ex-parte judgment. Therefore, even assuming that no summons was served on him, the appellant/defendant had knowledge of the decree on 23.01.2018. Despite such knowledge, no application for setting aside the ex-parte decree was filed within time. Instead, the application is seen to have been filed on 28.09.2018. The delay in filing the application for setting aside the ex-parte decree has not been explained and no application for condonation of delay has been filed. Although it is settled that a separate application for condonation of delay is not mandatory, the reasons, as to why, a party was not able to file an application for setting aside the exparte order/decree within the prescribed time must certainly be referred to or mentioned in the application for setting aside the decree. However, in the present case, there is no explanation for the delay, nor has any sufficient cause or any cause for that matter been shown for setting aside the decree.
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order calling for an interference by this Court.
Application(s), if any, pending, shall also stand closed.
CHANDRASEKHARAN SUDHA (JUDGE)
DECEMBER 8, 2025 p’ma
Signature Not Verified
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2 issues framed by the court
Whether the appeal against dismissal of application to set aside ex-parte decree should be allowed where the appellant refused summons and failed to show sufficient cause for delay.
Whether an explanation for the delay in filing the application for setting aside the ex-parte decree is necessary given the circumstances.
2 provisions across 1 enactments
Malkit Singh
Jarnail Singh
Chandrasharan Sudha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
