Jiyauddinkhan v. Rubeena W/O Asad Alikhan Kittur
Civil Procedure – Order IX Rule 13 CPC – restoration of suit
Case brief
What is this about?
MFA No. 101524 of 2022 (CPC), High Court of Karnataka, Dharwad Bench, decided 08.01.2025 [NC: 2025:KHC-D:260], Hanchate Sanjeevkumar J. Jiyauddinkhan Jahagirdar v. LRs of Asad Alikhan Kittur (Rubeena; minors Nummer and Arhan; Jafar Alikhan @ Jafar; Salima). Appeal dismissed against restoration of O.S No.337/2016 (recovery suit, Rs.24,50,000/-) under Order IX Rule 13 CPC: defendants' advocate filed retirement memo, defendants failed to engage fresh counsel or cross-examine the plaintiff; decree held not strictly ex parte but restoration affirmed; trial to conclude within three months from 27.01.2025.
What did the court decide?
No relief to the appellant; the appeal was dismissed confirming the Trial Court's order dated 29.01.2022 in Misc.No.08/2019. Parties were directed to appear before the trial Court on 27.01.2025 without awaiting notice, and the Trial Court was directed to conclude the trial and pass judgment and decree within three months from 27.01.2025. Respondents recorded that they had paid the restoration costs imposed in Misc.No.08/2019.