https://www.taxtmi.com/caselaws?id=409096 An order setting aside an ex parte decree and restoring a suit under Order IX Rule 13 read with Section 151 CPC will not ordinarily be disturbed where the trial court has exercised discretion on plausible facts. The respondent showed delayed receipt of summons, a related compromise in connected monetary disputes, payment under the settlement, and withdrawal of the complaint by the petitioner's daughter, which supported sufficient cause for non-appearance. The objection that the compromise concerned only the daughter's claim was treated as a triable issue and not a basis to overturn the discretionary order. The High Court upheld the restoration and declined interference. en-us Tue, 06 Apr 2021 00:00:00 +0530 Tue, 29 Jun 2021 09:59:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=409096 An order setting aside an ex parte decree and restoring a suit under Order IX Rule 13 read with Section 151 CPC will not ordinarily be disturbed where the trial court has exercised discretion on plausible facts. The respondent showed delayed receipt of summons, a related compromise in connected monetary disputes, payment under the settlement, and withdrawal of the complaint by the petitioner's daughter, which supported sufficient cause for non-appearance. The objection that the compromise concerned only the daughter's claim was treated as a triable issue and not a basis to overturn the discretionary order. The High Court upheld the restoration and declined interference. Case-Laws Indian Laws Tue, 06 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=409096