At Title Suit’s Judgment Stage, Madras HC Upholds Absent Defendant’s Chance to Contest If He Pays ₹7,500 Within a Week

The petitioners/plaintiffs brought a suit seeking declaration of title, permanent injunction and consequential reliefs.

The respondent/first defendant filed a written statement but later failed to appear, and the trial court recorded ex parte evidence on 24 April 2025. The respondent applied under Order IX Rule 7 CPC to set aside the ex parte order; the trial court allowed the application on payment of costs of ₹1,000.

The petitioners challenged that order under Article 227, arguing that the respondent had deliberately abstained from contesting the suit and that a similar application by the third defendant had earlier been dismissed when the suit was at the stage of judgment.

The respondent’s application was under Order IX Rule 7 of the Code of Civil Procedure, which was the procedural basis for seeking to set aside the ex parte order while the suit remained pending.

The Court also considered the possibility of a later application under Order IX Rule 13 CPC if an ex parte decree were passed.

The petitioners relied on Arjun Singh v. Mohindra Kumar, AIR 1964 SC 993; the judgment records that reliance but does not set out or apply a distinct proposition from that decision.

The revision was brought under Article 227 of the Constitution of India.

The Court noted that the respondent had filed a written statement but did not thereafter contest the suit, which had reached the stage of pronouncing final judgment.

Although the petitioners pointed to the dismissal of the third defendant’s similar application, the Court considered that dismissing the respondent’s application could lead to a further Order IX Rule 13 application if an ex parte decree were made, resulting in additional delay.

It therefore concluded that the trial court’s order could be sustained on stricter terms, with enhanced costs and a deadline for deciding the suit.

If the respondent fails to comply, the ex parte order against him will be confirmed. Upon compliance, the trial court must decide the suit on its merits within four months.

No costs were awarded in the revision, and the connected miscellaneous petition was closed.