Adjudication Of Litigation Is To Be Done On Merits As Far As Possible: SC [Read Judgment]

While affirming an order of setting aside an ex-parte decree, the Supreme Court, observed that as far as possible, adjudication of cases is to be done on merits.

In Robin Thapa vs. Rohit Dora, the Trial Court allowed the application filed by the defendant under Order 9 Rule 13 of the Code for setting aside the Ex-Parte Decree. This was later set aside by the High Court. The suit was for specific performance and mandatory injunction.

Before the Apex Court, the defendant contended that the property, which is the subject matter in the suit, is a residential property, which is much more valuable than the amount shown in the agreement.

The Apex Court bench comprising of Justice Ashok Bhushan and Justice KM Joseph observed:

"Ordinarily, a litigation is based on adjudication on the merits of the contentions of the parties. Litigation should not be terminated by default, either of the plaintiff or the defendant. The cause of justice does require that as far as possible, adjudication be done on merits."

The bench then recorded the submission by the defendant that he is prepared to deposit the entire amount spent by the plaintiff towards getting sale deed executed. An opportunity should be given to the defendant to contest the case and the case must be directed to be disposed of within the time limit, the court said.

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