Subrat Patel Vs Manjit Naik

“The Petitioner therefore pray that your Lordship would be graciously pleased to admit this Writ Petition, call for records, after hearing the parties issue writ/writs in the nature of certiorari/mandamus or any other writ/directions, set aside the 02.04.2026 passed in CMA No. 01 of 2024 arising out of MAC No. 09 of 2019 by the Addl. District Judge, Sundargarh under annexure-1 and allow the application of the petitioner filed u/O-9, Rule-13 of CPC and an opportunity may be given to the petitioner to challenge the claim of the Opp.party on merit.”

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Mr. Satapathy, learned counsel for the Petitioner, in course of the hearing of the Application, drew the attention of this Court to the effect that he being the owner of the vehicle involved in the accident, for his absence, was set ex parte. According to Mr. Satapathy, the Petitioner is prevented by compelling circumstances. However, he subsequently moved the learned Court under Order IX Rule 13 of the Code of Civil Procedure,

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1908 for setting aside the ex parte decree on the grounds mentioned therein.

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The learned Court vide the impugned order dated 02.04.2026 did not find the grounds propounded by the Petitioner for setting aside the impugned order to be sufficient.

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Mr. Satapathy, learned counsel for the Petitioner admitted that no document was annexed along with the Application to support the grounds propounded therein.

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Be that as it may, substantial justice is held to be the hallmark of imparting justice to the parties inasmuch as the law demands fairness and no one should be condemned unheard more so, when the party intends to participate.

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In the given circumstances; in the event, a sum of ₹1,50,000/- (Rupees One Lakh Fifty Thousand only) is deposited against the amount awarded i.e. ₹6,85,200/- (Rupees Six Lakhs Eighty Five Thousand Two Hundred only) vide the ex parte order dated 19.12.2023 in M.A.C. Case No.9/247 of 2019-22 within a period of Two Weeks from the date of this order and an Application is made before the Court to set aside the same, the learned Court shall do well in allowing the Petitioner an opportunity of being heard, right from the stage of filing the written statement, and shall dispose of the matter in accordance with law within an outer limit of three (3) months, if there be no other legal impediment. It is made clear that the Petitioner, in the event, is allowed to participate in the hearing shall not resort to adjournments and cooperate with the court in disposing the case.

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Priyanka

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