In Brief
A defendant sought to set aside an ex-parte decree passed against him for non-appearance when his case was called for hearing. He claimed that a bar association boycott prevented his counsel from attending court, and he himself was ill. The trial court rejected his application by considering his past conduct in the suit rather than whether he had shown sufficient cause for absence on that specific date. The Supreme Court held that under Order IX Rule 13 of CPC, the sole question is whether sufficient cause for non-appearance on the hearing date has been shown; past conduct is irrelevant. The Court allowed the appeal, setting aside the ex-parte decree and remitting the suit for trial on merits.
The lawyer headnote and full judgment text are available to registered users.