Santosh Kumar v. Savinder Kaur And ANR
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-5130-2024 Date of Decision: 06.09.2024 SANTOSH KUMAR . . . .PETITIONER Vs.
SAVINDER KAUR AND ANOTHER . . . . RESPONDENTS
CORAM:
HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Hem Raj Bhardwaj, Advocate, for the petitioner. DEEPAK GUPTA, J.
Petitioner is the plaintiff in Civil Suit No.292 of 2022 [CNR No.PBSGB0-000373-2022] titled 'Santosh Kumar Vs. Savinder Kaur and another', pending before ld. Civil Judge (Jr. Division), Dhuri. He is aggrieved by the order dated 05.07.2024 of the trial Court, whereby ex parte proceedings against the respondents (defendants No.1 & 2 before the trial Court), were directed to be set aside subject to cost. 2.
Heard learned counsel for the petitioner. Paper-book perused. 3.
It is revealed that defendants-respondents were proceeded against ex parte on 26.08.2022. Case was at the stage of ex parte evidence of the plaintiff, when an application for setting aside the ex-parte proceedings was moved by the defendants and the same was allowed under Order IX Rule 7 CPC by way of the impugned order, subject to payment of cost of 2000/-. 4.
Order IX Rule 7 CPC reads as under: - "Procedure where defendant appears on day of adjourned haring and assigns good cause for previous non-appearance - Where the Court has adjourned the hearing of the suit ex parte and the defendant, at or before VIVEK PAHWA 2024.09.09 16:46 I attest to the accuracy and integrity of this document
FAO-5130-2024 2024:PHHC: 117328 such hearing appears and assigns good cause for his previous nonappearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance."
5.
It is clear from the aforesaid provision that when after being proceeded ex parte, defendant approaches the Court and assign good cause for non-appearance, the Court may upon such terms as the Court may direct as to costs or otherwise, hear the defendant and answer the suit as if he had appeared on the day fixed for appearance.
6.
The petitioner-plaintiff has been duly compensated by the trial Court. The case is still at the stage of ex parte evidence. No prejudice will be caused to the case of the petitioner - plaintiff in case defendants-respondents are permitted to contest the suit on merits.
7.
No merits. Dismissed.
06.09.2024 (DEEPAK GUPTA) JUDGE Whether speaking/reasoned?
Yes Whether reportable?
No VIVEK PAHWA 2024.09.09 16:46 I attest to the accuracy and integrity of this document