Civil Procedure Code, 1908 – Or. IX r. 13 – Setting aside exparte decree – Permission to participate in suit proceedings and cross-examine witnesses in absence of written statement – First Appellate Court allowed defendant nos.2 and 3 to adduce evidence apart from setting aside ex–parte judgment against them – High Court held that mere setting aside the ex-parte judgment and decree would serve no purpose as the defendants cannot lead evidence in the absence of written statement filed by them and consequently setting aside the order passed by the First Appellate Court – Held: In the case of Sangram Singh, the Supreme Court held that on setting aside the ex-parte decree and on restoration of the suit the parties to the suit shall be put to the same position as they were at the time when the ex-parte judgment and decree was passed and the defendants may not be permitted to file the written statement as no written statement was filed – However, at the same time they can be permitted to participate in the suit proceedings and cross-examine the witnesses – In that view of the matter the impugned judgment and order passed by the High Court is unsustainable and set aside. Sangram Singh v. Election Tribunal AIR 1955 SC 425 : [1955] SCR 1 – relied on.
Arjun Singh v. Mohindra Kumar AIR 1964 SC 993 : [1964] SCR 946 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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