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Supreme Court of India 2018-08-30 dismissed

Panchayat Samiti, Dasuya & Anr vs Deepak Kumar & Anr

Bench: 1 — B.S. Walia

In Brief

Panchayat Samiti filed a revision petition challenging an order dismissing its application to set aside ex parte proceedings against it. The defendants were proceeded against ex parte on 20.07.2017 but only applied to set aside this order on 14.12.2017, without providing specifics about the ex parte order date or sufficient reasons for non-appearance. The court upheld dismissal of the application as a delay tactic. However, the court clarified that even without setting aside the ex parte order, defendants who subsequently appear retain the right to participate in proceedings from the date of their appearance and cross-examine witnesses, though they cannot reverse prior proceedings.

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Civil Procedure Ex Parte Proceedings Order IX Rule 7 Appearance of Defendants

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