Title: Ved Prakash Jain v L&V Enterprises & Ors.
Decided on: 04.10.2023
+ CM(M) 1615/2023 & CM APPL. 50932/2023
CORAM: HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
Introduction
On April 5, 2021 an Ex- Parte Decree was passed in Civil Suit No. 1192 of 2020, in favor of the Respondent/Plaintiff. Misc. SCJ No. 62/2023 was then filed by Petitioner/Defendant to set aside Ex-Parte, on May 29, 2023 Trial court allowed stay on the said Ex-Parte, however they vacated the same on August 21, 2023 because of Non-Compliance of Order XXXIX Rule 3 by the Petitioner/Defendant. In this present petition the Petitioner/Defendant had requested the court to set aside the decree given on August 21, 2023.
Facts of the Case
The Petitioner, Ved Prakash Jain was the original defendant, and the Respondent L&V Enterprises & Ors., was the original plaintiff in the civil suit.
Contentions of both parties
The Counsel for the petitioner had submitted that, Following the adoption of the aforementioned civil suit’s decree on April 5, 2021, Respondent filed an Execution Petition with number 516/2021. As a result, the Petitioner was forced to apply with Misc. SCJ No. 62/2023 under Order IX Rule 13 read with Section 151 CPC to set aside the ex-parte judgment and decree dated April 5, 2021. Additionally, he said that the Trial Court was happy to give a stay of the ex-parte decree dated 05.04.2021 following the preliminary hearing, as evidenced by order 29.05.2023. He also stated that the Trial Court had vacated the stay on account of the non-compliance of the mandatory provisions of Order XXXIX Rule 3 of Civil Procedure Code, 1908 (‘CPC’) by the Petitioner and the matter was listed before the Executing Court on 13.10.2023.
The petitioner’s learned counsel declared that he sincerely apologizes for not adhering to the requirements and that the order be reinstated until 10.10.2023, the date the Trial Court scheduled to hear arguments by order IX Rule 13 CPC. He claimed that even though the plaintiff was properly served for the returnable date and the processing fee had been filed, there had been a noncompliance with the compliance. In addition, he stated that the plaintiff had been served and that the case was scheduled for arguments on the next date. He requested the court that the Petitioner undertakes that the Petitioner will seek no adjournment before the Trial Court on the next date and he will remain duly represented through a counsel to ensure that the arguments are duly addressed and heard by the Trial Court in the said application.
No one appeared from the Respondent’s side despite the Advanced Service.
Court Judgement and Analysis
Because Respondents had entered an appearance before the Trial Court and filed its reply, and the matter/application was listed for arguments, this Court deemed it appropriate to extend the stay order granted by the Trial Court vide order dated 29.05.2023 until 10.10.2023. and they set aside the order given on 21.08.2023 with certain conditions, Firstly, the extension of the stay order was subject to the petitioner’s payment of legal costs amounting to Rs. 10,000/- to Respondent No. 1 by or before 10.10.2023. Additionally, the petitioner was obligated to be present on the next hearing date before the Trial Court on 10.10.2023, where arguments about the application must be addressed without seeking any adjournment until a decision on the said application is reached. Should the costs not be paid or if any adjournment is sought, the stay order will automatically be vacated. It was explicitly clarified that any further extension of the stay order beyond 10.10.2023 shall rest within the discretion of the Trial Court. With these directives, the current petition was approved, and any pending applications were considered disposed of.
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Written by- Aditi
