In Brief
Maharashtra State Electricity Board sued Miraj Electric Supply Co. and its five directors for recovery of electricity dues. After the defendants' counsel withdrew representation mid-trial, the trial court decreed the suit ex parte. The defendants later sought to set aside the decree, which the trial court allowed. The High Court reversed this, holding that the explanation to Order XVII Rule 2 CPC prevented the application. The Supreme Court held that the explanation applies only to parties that had led evidence; since the defendants led none, an application under Order IX Rule 13 CPC remained maintainable. The Court set aside the High Court's order and directed the trial court to decide the suit on merits, adjusting the deposit requirement from 50% to 30%.
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