P&H: Rejects Challenge to Ex-Parte Decree After Repeated Non-Appearances

punjab-haryana
⚖️ Order Date: 27 Oct 2026
Headnotes

Civil Procedure Code, 1908, O9.R.13 — Setting aside ex-parte judgment and decree — Repeated defaults despite successive opportunities, including failure to diligently pursue applications seeking recall of ex-parte orders, reflected persistent lack of diligence rather than an isolated or inadvertent failure to appear — No illegality,...


Facts of the Case

P&H: Rejects Challenge to Ex-Parte Decree After Repeated Non-Appearances

The Punjab and Haryana High Court has dismissed Ramesh Khatri’s challenge to an ex-parte decree passed in a recovery suit. Justice Virinder Aggarwal held that the record showed repeated defaults despite opportunities to participate in the proceedings.

The respondent had filed a suit seeking recovery of ₹1 lakh, which resulted in an ex-parte judgment and decree in November 2022. Khatri’s application under Order IX Rule 13 of the Code of Civil Procedure to set aside the decree was dismissed by the Civil Judge, and his appeal was also rejected by the Additional District Judge.

Khatri argued that his absences were...

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