Fakir Chand Bhambhu v. Sher Singh

 






 




 
 








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3 The correctness of an interlocutory order dated 20.04.2022 passed by Additional Civil Judge (Senior Division), Hisar, ordering setting aside the ex-parte proceedings against defendant is challenged before this Court. The petitioner filed a suit for the recovery of Rs. 5,00,000/-. The defendant through his counsel entered appearance on 20.11.2018. Thereafter, an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 was filed by the defendant, which was dismissed infructuous as not pressed on 31.08.2019. On that day, the defendant was proceeded against ex-parte. Thereafter, the plaintiff led the ex-parte evidence. The defendant filed an application on 04.03.2022 to set aside the order dated 31.08.

2019, vide which he was proceeded against ex-parte. In the application, he disclosed that he went for his treatment through Naturopathy but his counsel did not appear in the court. He remained in Narkanda (Himachal Pradesh) for a period of 04 months. Subsequently, due to COVID-19, he remained ex-parte and AJAY GOSWAMI 2023.11.

2023:PHHC:140446 CR-1699-2022 -2on 14.09.2020, he was taken into custody by the Police in connection with FIR No. 19 of 2018 and 34 of 2019 registered at Police Station, Azad Nagar, Hisar. It is also alleged that his daughter, who is a practicing Advocate has informed him about the pendency of the case, while searching through the cases.

2.

Learned trial court allowed the application without recording any reason whatsoever. The court has not even recorded whether the defendant has furnished sufficient explanation for his non-appearance for nearly 02 years and 07 months.

3.

While deciding the application for setting aside the ex-parte order, the Court is expected to record reasons in brief for setting aside ex-parte proceedings. However, in this case, no reason whatsoever has been recorded.

4.

Keeping in view the aforesaid facts, the order dated 20.04.2022 is set aside. The trial court is directed to pass a fresh order on the application filed by the defendant to set aside the ex-parte order. 5.

With these observations, the revision petition is disposed of. 6.

All the pending applications, if any, are also disposed of.






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 & $#% AJAY GOSWAMI 2023.11.09 10:14 I attest to the accuracy and integrity of this document