Applicability of Resjudicata on Exparte Decree

[DRK - The Judge]

Gud Mor Officers,

Please find the applicability of Res-judicata priciple on Exparte Decree as opined by Apex Court

“It is also difficult to appreciate the view taken by the District Munsif that ex parte decree cannot be considered to be ‘full decree on merits’. A decree which is passed ex parte is as good and effective as a decree passed after contest. Before the ex parte decree is passed, the court has to hold that the averments in the plaint and the claim in the suit have been proved. It is, therefore,

difficult to endorse the observation made by the Principal District Munsif that such a decree cannot be considered to be a decree passed on merits. It is undoubtedly a decree which is passed without contest; but it is only after the merits of the claim of the plaintiff have been proved to the satisfaction of the trial court, that an occasion to pass an ex parte decree can arise.”

2013 STPL(Web) 996 SC

Erach Boman Khavar Vs. Tukaram Shridhar Bhat and Another