The High Court of Rajasthan dismissed a civil revision petition challenging an order that set aside an ex parte decree. The court held there were no grounds to interfere as the trial court correctly relied on precedents allowing restoration due to lawyer default, emphasizing litigation should not end by default.
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.
[2023:RJ-JD:29870]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Revision Petition No. 22/2023
Ranjeet Ram S/o Late Shri Rama Ji, Aged About 73 Years, Resident Of Meghwal Basti, Mandore, Amarpura, Jodhpur.
----Petitioner
Versus
Nirmala Devi W/o Late Shri Ganga Ram, Near Krashi Firm House Of Plot No. 15 Meghwal Basti, Mandore, Jodhpur.
----Respondent
For Petitioner(s) : Mr. Vinay Jain
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
15/09/2023
[2023:RJ-JD:29870]
[CR-22/2023]
(2 of 2)
ratio as laid down by the Hon’ble Apex Court in the above mentioned judgments is that when an appeal is dismissed for some fault on part of a lawyer, restoration should be ordered and further that a litigation should not be terminated by default, either of the plaintiff or the defendant. The cause of justice requires adjudication on merits. In the case of The Secretary,
Department of Horticulture, Chandigarh and Ors. Vs. Raghu
Raj; (2008) 13 SCC 395 , the Hon'ble Apex Court observed as under:
(REKHA BORANA),J
16-KashishS/-
2 issues framed by the court
Whether the High Court should interfere with the order allowing the defendant to set aside an ex parte decree granted under Order 9 Rule 13 CPC.
Whether relief should be granted to a senior citizen for expedited proceedings in the underlying suit.
Colour shows how this judgement treated each authority
Robin Thapa vs. Rohit DoraReferred¶14
AIR 2019 SC 3225 · Who else cites this
Rafiq & Ors. Vs. Munshilal & Ors.Referred¶14
(1981) 3 SCR 509 · Who else cites this
Ram Bahadur vs. Ramesh GoyalReferred¶14
2020 (1) DNJ (Raj.) 331
The Secretary, Department of Horticulture, Chandigarh and Ors. Vs. Raghu RajExplained¶18
(2008) 13 SCC 395 · Who else cites this
Ranjeet Ram
Nirmala Devi
REKHA BORANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
