Wednesday, 8 July 2015

Duty of court while deciding suit exparte or without written statement

 Even if the suit proceeds ex-parte and in the absence of a written statement, unless the applicability of Order VIII Rule 10 of the CPC is attracted and the Court acts thereunder, the necessity of proof by the plaintiff of his case to the satisfaction of the Court cannot be dispensed with. In the absence of denial of plaint averments the burden of proof on the plaintiff is not very heavy. A prima facie proof of the relevant facts constituting the cause of action would suffice and the Court would grant the plaintiff such relief as to which he may in law be found entitled. In a case which has proceeded ex-parte the Court is not bound to frame issues under Order XIV and deliver the judgment on every issue as required by Order XX Rule 5. Yet the Trial Court would scrutinize the available pleadings and documents, consider the evidence adduced, and would do well to frame the 'point for determination' and proceed to construct the ex-parte judgment dealing with the points at issue one by one. Merely because the defendant is absent the Court shall not admit evidence the admissibility whereof is excluded by law nor permit its decision being influenced by irrelevant or inadmissible evidence.
Supreme Court of India
Ramesh Chand Ardawatiya vs Anil Panjwani on 5 May, 2003
Equivalent citations: AIR 2003 SC 2508, 2003 (4) ALD 10 SC, 2003 (3) AWC 2511 SC, JT 2003 (4) SC 450, 2003 (4) MhLj 579, (2003) 3 MLJ 26 SC, (2003) 134 PLR 636, 2003 (4) SCALE 652, (2003) 7 SCC 350, 2003 3 SCR 1149, 2003 (2) UJ 1210 SC

Bench: R Lahoti, B Kumar

Read full judgment here; click here
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