Guneris & Another vs. William & Others – sllr 2014 volume 1 page 303

In the case between Guneris & Another and William & Others, the court addressed whether a defendant who defaults in appearance can set aside an ex-parte order by establishing “reasonable grounds” for the default under Section 86(2) of the Civil Procedure Code. It was held that the entire burden rests on the defaulting defendant to file a timely application with notice to the plaintiff and to present credible evidence explaining the non-appearance. The judgment reaffirmed that inconsistencies or inadequacies in the evidence, particularly regarding the service and receipt of summons, may undermine a defendant’s claim. Reference was made to the procedural requirements imposed by statute, and the principle was emphasized that the court’s satisfaction must be grounded in substantiated facts. Th