https://www.taxtmi.com/caselaws?id=193103 The High Court of Bombay held that an ex parte decree could be set aside where the defendant's absence after transfer of the suit did not show deliberate abandonment of the defence. It doubted whether counsel's authority continued after the transfer, and held that any negligence by the party or advocate should not, by itself, deprive a litigant of a hearing on the merits when compensatory costs can address prejudice. The Court therefore interfered in revision, restored the suit for decision on merits, and made the relief conditional on payment of costs, engagement of counsel, and prompt compliance with directions. en-us Sat, 06 Nov 1976 00:00:00 +0530 Thu, 13 Jul 2017 15:03:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=193103 The High Court of Bombay held that an ex parte decree could be set aside where the defendant's absence after transfer of the suit did not show deliberate abandonment of the defence. It doubted whether counsel's authority continued after the transfer, and held that any negligence by the party or advocate should not, by itself, deprive a litigant of a hearing on the merits when compensatory costs can address prejudice. The Court therefore interfered in revision, restored the suit for decision on merits, and made the relief conditional on payment of costs, engagement of counsel, and prompt compliance with directions. Case-Laws Indian Laws Sat, 06 Nov 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=193103