Dalbir Kaur And Anr vs Kashmir Singh And Others on 2 March, 2022
In Kuldip Kaur (supra), it has been held that power to set
aside ex parte order should be liberally exercised. The expression 'good
cause' should be interpreted widely and not confined to the restricted
interpretation placed on the expression 'sufficient cause' as mentioned in
Order 9 Rule 13 CPC. There is no quarrel with this proposition of law.
The question is whether the JDs have been able to show 'good cause'.
They failed to put in appearance despite valid service and submission of
an application after seven months cannot qualify as 'good cause'. Hence,
reliance upon the judgment is misplaced.