Courts Must Pass Reasoned Orders In Ex Parte Proceedings

The High Court of Kerala ("HC"), in the Sanjeevan Swamy case,¹ held that in ex parte proceedings, the Court can issue an order in favour of the party present only if they prove their rights or the opposite party's liability.

Brief Facts.

Sajeevan Swamy ("Swamy"), contented that by an oral rental agreement he was put in possession of the schedule property by Johnson ("Johnson").

In 2015, an ex parte eviction order was passed against Swamy, under Section 11(3)² of the Kerala Buildings (Lease and Rent Control) Act, 1965 ("the Act") based on petition by Johnson. Swamy's application to set aside the ex parte order was dismissed by the Rent Control Court ("Court") for lacking a delay condonation petition.