The Supreme Court has set aside an ex parte decree passed against a tenant in a landlord-tenant dispute, observing that she was not given a fair opportunity to defend the case before the trial court. The Court restored the suit and directed that it be decided afresh on merits.
Background of the Case
The appellant, Hansa Jain, had challenged an ex parte decree dated October 12, 2018. Her application under Order IX Rule 13 of the Civil Procedure Code seeking to set aside the decree was rejected by the trial court in January 2020. A subsequent civil revision petition was also dismissed by the Telangana High Court in October 2023.
Aggrieved by both orders, she approached the Supreme Court.
During the proceedings, the tenant deposited the rent arrears as directed by the Court. According to submissions recorded in the order, more than ₹15 lakh had already been deposited, with additional rent payments made up to May 2026.
A Bench comprising Justice J.K. Maheshwari and Justice Atul S. Chandurkar found that the trial court had proceeded ex parte within 30 days of service and delivered the ex parte judgment shortly thereafter.
The Bench observed that the decree had been passed “even without laps of the statutory period for filing of the counter affidavit.”
The Court held that, in the facts of the case, the tenant deserved an opportunity to place her defence before the trial court.
Allowing the appeal, the Supreme Court set aside the ex parte decree and allowed the tenant’s application under Order IX Rule 13. The suit was restored to its original number before the trial court.
The Court directed the appellant to file her written statement on or before July 16, 2026, and ordered both parties to appear before the trial court on that date. It further directed that the suit be decided as expeditiously as possible, preferably within one year.
The Bench also ordered that the rent amount deposited by the appellant be transferred to the landlord along with the accrued interest.
Case Details
Case Title: Hansa Jain v. Vinod Kumar Sanghai (Deceased) Through Legal Representatives & Anr.
Case Number: Civil Appeal arising out of SLP (C) No. 27136 of 2023
Judges: Justice J.K. Maheshwari and Justice Atul S. Chandurkar
Decision Date: May 20, 2026
