Does an ex parte judgment that states no reasons answer the requirements of Order 20 Rule 5 of the Code of Civil Procedure, 1908?
Coram: Justice R.Rajesh Vivekananthan
An ex parte judgment that states no reasons does not answer the requirements of Order 20 Rule 5.
No. An ex parte judgment that states no reasons does not answer the requirements of Order 20 Rule 5. Every judgment should contain a concise statement of the case, the points for determination and the reasons for such decision, and this is more so when the defendant does not contest the suit; a decree drawn on a judgment that answers none of those requirements is not a judgment as per law. (¶12)
Code of Civil Procedure, 1908 — O.XX r.4(2) — O.XX r.5 — O.IX r.13 — Limitation Act, 1963 — s.5 — Ex parte decree without reasons — Sufficient cause — Condonation of delay — Code of Civil Procedure, 1908 — O.XX r.5 — Ex parte decree — Reasoned order still required — Held: Every judgment must contain a concise statement of the case, the points for determination and the reasons for the decision, and an ex parte judgment must equally answer the requirements of a reasoned order. (¶12) Code of Civil Procedure, 1908 — O.XX r.5 — Co-sharer's alienation — Subject to the partition suit — Held further: A co-sharer may sell his share of joint property to a third party and the alienation is subject to the result of the partition suit; it does not by itself bind the other co-sharer. (¶12) Limitation Act, 1963 — s.5 — Sufficient cause — Conduct of the earlier counsel — Held further: The conduct of the earlier counsel and the circumstances in which the defendants remained ex parte constitute sufficient cause within the meaning of section 5 of the Limitation Act. (¶13, 15) Limitation Act, 1963 — s.5 — Liberal approach — Limitation pitted against merits — Held further: Where rejection of an apparently meritorious matter on limitation is pitted against a decision on merits, the Court is entitled to take a liberal approach. Delay condoned subject to costs. (¶17, 18)
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