This Court finds that when the petitioner came to know about the suit, the petitioner has taken appropriate steps but the Learned Advocate had not appeared and not moved the application, the petitioner should not suffer from ex-parte-decree: Calcutta High Court
The Calcutta High Court opined the above-mentioned in the case Chirantan Housing Pvt. Ltd. v. Youdhister Kumar Dhanania, IA No. GA/2/2021 in CS/29/2016 before Honourable Justice Krishna Rao on 12th December 2022.
FACTS OF THE CASE
The petitioner, who is the defendant in CS 29 of 2016, submitted the current application in an effort to excuse the 411-day delay in preferring it and to have the ex parte judgement issued by this Court in CS 29 of 2016 revoked or set aside.
According to the petitioner’s attorney, the plaintiff/attorney respondent had informed the petitioner of the related ex parte ruling by the court. Petitioner’s attorney claims that the court’s order discloses that the summons sent to the petitioner by mail was returned unclaimed, and the bailiff was unable to serve the petitioner because the petitioner was not present at the address.
The petitioner’s attorney claims that the respondent was aware of the petitioner’s application, GA 2395 of 2019 because the same GA was listed alongside CS 29 of 2016 on 07.11.2019. The petitioner’s attorney claims that despite knowing the facts, the respondent concealed them and secured an ex parte ruling.
JUDGEMENT OF THE CASE
In the current instance, the court determines that although the petitioner took the necessary actions after learning of the lawsuit, the advocate did not show up and did not make a motion, thus the petitioner should not be subject to an ex-parte ruling. Due to those mentioned above, the ex parted judgement and decree from November 7, 2019, is overturned. CS No. 29 of 2016 is returned to its original file with the condition that the respondent pay costs in the amount of Rs. 10,000 within a week of the date; otherwise, the judgement and decree from November 7, 2019, will stand.
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JUDGEMENT REVIEWED BY SAYANTANI RAKSHIT