Property Lawyer: Supreme Court sets aside ex-parte decree, and holds that ordinarily case should be decided on merits.

Supreme Court of India

Justice K.M. Joseph and Justice Ashok Bhushan

The SC holds that ordinarily, a litigation is based on adjudication done on the merits of the case, and it is apposite that litigation should not be terminated by default of either of the party. The cause of justice requires adjudication to be done on merits of the case.

In the case {Robin Thapa Vs. Rohit Dora} the application under Order 9 Rule 13 CPC (which came to be allowed by the trial court) stands dismissed by the High Court in revision petition, which order was assailed before the Supreme Court by appellant/defendant.

It was held that as the matter arises from a suit for specific performance - and it was the case of the appellant/defendant that actually he had let out the building on rent to the respondent/plaintiff and the matter is a loan transaction- the interest of justice demands that subject to putting the appellant on terms, an opportunity should be given the appellant to contest the case. According the ex-parte decree was set aside and the suit was restored before the trial court, for deciding the same on merits.