Lt Foods Limited vs Saraswati Trading Company on 30 January, 2023
35. As I have had occasion to observe in a judgment delivered this
morning in Jindal Stainless (Hisar) Ltd v. Suncity Sheets Pvt Ltd5, a
civil court is bound by the CPC. A Court cannot be more
compassionate than the statute. The circumstances in which an ex
parte judgment and decree can be set aside stand clearly delineated in
Order IX Rule 13 of the CPC. If the circumstances are found to exist,
the Court can grant the defendant the benefit of the provision. Where
the circumstances are not made out, as understood by the Supreme
Court in the judgments laid down by it, the Court is powerless to come
to the aid of the defendant.