Mr.Maharaja Singh vs Government Of Nct Of Delhi on 17 October, 2013
In the case of Arjun Singh (supra) the Defendant had
approached this Court as his application under Order IX
Rule 13 of the Code to set aside an ex parte decree passed
against him had been dismissed as barred by res judicata.
The question that basically arose before this Court was
when an application is made under Order IX Rule 7 of the
Code and the Court considers that there is not any good
cause for the previous non-appearance and proceeds
further with the suits and ultimately results in an ex parte
decree, can a court in dealing with applications to set aside
the ex parte decree under Order IX Rule 13 reconsider
the question as to whether the Defendant had a sufficient
cause for non-appearance on the day in regard to which
the application under Order IX Rule 7 had been filed.