Tci Finance Ltd vs Calcutta Medical Centre Ltd. And Anr

The Supreme Court held that under Order 37 Rules 1 and 2 of the Code of Civil Procedure, 1908, a defendant must actively participate in proceedings to avoid an ex-parte decree. The Court affirmed the lower court's decision to reject Dr. Gupta's application to set aside the ex-parte decree, emphasizing that he had received proper notice and failed to deposit the required amount. The judgment reinforced the principle that failure to respond to summons or participate in the proceedings results in the upholding of the decree against the defendant.