Lal Devi And Another vs Vaneeta Jain And Others

3. In view of the order that we propose to pass it is not necessary for us to consider in detail the facts of the case and the issues that arise in the suit, because we have reached the conclusion that the Trial Court was not justified in passing an ex-parte decree in the facts and circumstances of the case. We shall, therefore, notice the facts of the case only in so far as they are relevant for disposal of this appeal.

5. The case of the plaintiff late Jawahar Lal Jain was that an agreement to sell the property to him was executed by late P.S. Multani on March 26, 1982 for a sum of Rs.4,20,000/-. A sum of Rs.40000/- was paid as earnest money. Despite his best efforts late P.S. Multani did not execute the sale deed. A suit for specific performance of agreement was filed before the High Court at Shimla on March 26, 1985. Ten witnesses were examined on behalf of the plaintiff. PW-8, S.C. Dave was under cross-examination which remained inconclusive and was deferred to August 27, 1993. The matter was subsequently adjourned for production of documents and record etc.. The matter was listed before the Court on several dates and ultimately the matter came up before the Court on May 17, 1995. On that date no one appeared on behalf of the parties. It appears that some time in 1995 in view of the enhancement of the pecuniary jurisdiction of the Court of the District Judge, the matter was transferred and assigned to the Court of District Judge, Shimla for disposal. The record of the case also shows that thereafter the matter was fixed before the Trial Court on several dates and ultimately came up before the Court on January 7, 1998. On that day while the plaintiff's witnesses were present as also his counsel, no one appeared on behalf of the defendant. PW-8 a witness who had been partly cross-examined was present but there was no one to further cross- examine him. Witness Rajinder Singh Sethi was examined as PW-10. The order of the Trial Court passed on that day is quoted below in extenso:-

16. We are not delving into the technicalities of the legal questions argued before us because we are of the view that in the facts of this case the interest of justice demands that the ex-parte decree be set aside. We appreciate that the learned District Judge could not entertain an application under Order IX Rule 7 C.P.C., and even the application under Order IX Rule 13 was dismissed as not pressed. But nothing prevented the High Court from setting aside the ex-parte decree in the appeal preferred against it.

18. We have no doubt that the Courts are not helpless. When parties adopt unfair or delaying tactics Courts have abundant powers to deal with such situations. We direct the Court of District Judge who shall try the suit to proceed with utmost expedition so as to conclude the suit within a period of six months from the date on which the parties appear before him. He shall not grant adjournment unless it becomes absolutely necessary. To the extent possible he shall proceed with day-to-day hearing of the suit.

19. In the result this appeal is allowed and the impugned judgment and order of the High Court as also the ex-parte decree passed by the Court of the learned District Judge on January 7, 1998 are set aside. The Trial Court is directed to proceed with the suit in accordance with law so as to dispose it of within a period of six months from the day of which the parties appear before it pursuant to this Court's order.

20. The parties are directed to appear before the Court of the learned District Judge for further directions on June 11, 2007.