2022 (6) TMI 1530 - HC - Indian Laws

Seeking a decree for realisation of money - ex-parte order - HELD THAT - It is found that the course adopted by the Court below to be hyper technical and unwarranted especially when the petitioners had filed the written statement within the prescribed time period permitted by the Court below. The Court below ought to have granted the petitioners an opportunity to cure defect in the written statement instead of taking the drastic step of rejecting the application. It is trite Courts should make every endevour to dispose of a case on merits rather than on default. It is inclined to exercise the supervisory powers of this Court under Article 227 of the Constitution of India - Ext.P3 order is set aside - petitioners are permitted to cure the defects in the written statement within two weeks from the date of receipt of a certified copy of this judgment and represent the written statement before the Court below. Petition allowed.

Summary

The Kerala High Court, exercising supervisory jurisdiction under Article 227 of the Constitution, set aside the impugned order (Ext.P3) of the 2nd Additional Subordinate Judge, Ernakulam, which had dismissed I.A.No.3123/2018 and confirmed an ex-parte decree against the petitioners. The petitioners, defendants in a suit for realization of money, had filed their written statement within the prescribed time but with a formal defect. The lower court erroneously treated the written statement as not filed and rejected the application to set aside the ex-parte order.The High Court held that the lower court's approach was "hyper technical and unwarranted," emphasizing the principle that courts should endeavor to decide cases on merits rather than on procedural defaults. The Court directed the petitioners be allowed to cure the defects in their written statement within two weeks and ordered the trial court to proceed with the suit expeditiously, mandating disposal by 31.03.2023.