Puri Construction And Company v. Anshul Verma And ANR

127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5377-2024 Date of Decision: September 18, 2024 Puri Construc-on and Company ...Pe--oner

Versus

Anshul Verma and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Surmeet Singh Sandhu, Advocate for the pe

oner.

DEEPAK GUPTA , J.(Oral) Suit for recovery (Annexure P-1) was filed by the pe

oner against two defendants, namely, Anshul Verma (defendant No.1) and Amaneet Pal Singh (defendant No.2). No ce sent to defendant No.1 was received with the report of incorrect address. The Court asked the plain ff to provide the correct address of defendant No.1, but plain ff failed to do so despite final opportunity. In the circumstances, the suit of the plain ff against defendant No.1 was dismissed by the trial Court by way of the impugned order dated 15.03.2024. Plain ff-pe

oner moved an applica on under Order 9 Rule 9 CPC for se4ng aside the order dated 15.03.2024, but the trial Court dismissed the same by way of impugned order dated 07.08.2024 (Annexure P-4) by observing that provisions of Order 9 Rule 9 CPC are not applicable in this case.

2.

The aforesaid orders have been assailed by way of the present revision pe

on.

3.

The trial Court is right in observing that the provisions of Order 9 Rule 9 CPC are applicable when the suit is wholly or partly dismissed under Order 9 Rule 8 CPC and not when the suit is dismissed against any defendant under Rule 5 of Order 9 CPC. However, plain ff cannot be le8 without any remedy in the said facts and circumstances. 4.

The suit was for recovery and the main claim is against defendant No.1. Instead of dismissing the applica on for recalling the order dated 15.03.2024, the plain ff could have been burdened with costs as his Sarita Rani 2024.09.19 01:42 I attest to the accuracy of this document/order

CR-5377-2024 - 2 - right to contest the suit on merits cannot be scu9led. As such, the impugned order 07.08.2024 (Annexure P-4) and the previous order dated 15.03.2024 (Annexure P-2) are hereby set aside, but subject to payment of
10,000/- as costs.

5.

The next date of hearing before the trial Court is stated to be 28.11.2024. The pe

oner shall appear before the trial Court on the date fixed and provide the correct and latest address of defendant No.1 and on the same date of hearing, he shall pay the costs of
10,000/- to be deposited in the District Legal Services Authority, Kapurthala. Disposed of.

September 18, 2024 (DEEPAK GUPTA) sarita JUDGE Whether reasoned/speaking:

Yes/No Whether reportable:

Yes/No Sarita Rani 2024.09.19 01:42 I attest to the accuracy of this document/order