Smt. Asha Suryavanshi vs State Of Chhattisgarh

Heard.

The present petition is against the order dated 25.01.2018, wherein the Court below has refused to accept the application under Order 41 Rule 14

sub-rule (4) CPC and has directed for issuance of notice to the respondent, who were arrayed in the appeal.

Learned counsel for the petitioner submits that a suit for ejectment was decreed in favour of the petitioner/plaintiff on 04.03.2016. Thereafter, the

appeal was filed by the judgment debtors. It is contended that in the memo of appeal categorically it was admitted that respondents No.2 to 8 namely

Premchand S/o Bhaiyyalal Jain (respondent No.2), Dr. Nemchand S/o Bhaiyyalal Jain (respondent No.3), Sumer Chand S/o Bhaiyyalal Jain

(respondent No.4), Komalchand S/o Bhaiyyalal Jain (respondent No.5), Smt. Saraswati Bai w/o Singhai Mahendra Kumar (respondent No.6), Smt.

Chameli Bai D/o Shri Singhai Mahendra Kumar (respondent No.7) and Smt. Tara Bai Jain w/o Shri Gulabchand (respondent No.8), were proceeded

ex-parte before the Court below and they had proceeded ex parte on 02.05.1984. He would further submit that the Court below has failed to

understand the provisions of Order 41 Rule 14 sub-rule (4) CPC and respondents who were ex-parte before the Court below, no order for notice

should have been passed. It is further submitted that since respondents were ex-parte notice to them were not necessary and therefore, the appellate

Court should have dispensed with the service of the notice.

Perusal of the order dated 25.01.2018 shows that the respondents whom the notice is sought to be dispensed with had filed their registered address

before the Court. Consequently, they come out of the provision of Order 41 Rule 14 sub-rule (4) CPC, wherein it do not give the discretion to dispense

with the service, who has filed their registered address before the Court. In such facts, no interference is required in the order dated 25.01.2018.

The petition has no merit. It is accordingly dismissed. Trial Court however is directed to expedite the appeal and decide the same within a further

period of three months from the date of receipt of this order.