Single-judge High Court disposed of a civil revision regarding an ex parte order in a suit where the defendant was set aside after striking out defence due to absence to cross-examine witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR No.2071 of 2012(O&M)
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.2071 of 2012(O&M) Date of Decision: 05.09.2012
Dinesh Kumar son of Sh. Ramesh Chand Sharma resident of Brahamwara, 12 Biswa, Gurgaon village, Tehsil and Distt. Gurgaon.
... Petitioner
Versus
Smt. Pawan Devi (age 32 years) wife of Shri Mukesh Kumar, resident of House No.2178/31, Gali No.2, Ashok Garden, Rajendra Park, Gurgaon.
... Respondent
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:Mr. Surinder S. Kaliramna, Advocate,
Ms. Jai Shree Thakur, Advocate, for the respondent.
K. KANNAN, J. (Oral)
CR No.2071 of 2012(O&M)
[2]
states that there is no reasonable conduct on the part of the petitioner. He has already made a statement before the Court, which was recorded by the Court on 27.08.2010 that he would return the money what he has already received with interest as per the agreement till 25.11.2010 and if he fail to do so, he would act as per the agreement and execute sale deed in favour of the plaintiff. He is now resiling from the undertaking and seeking for the ex parte order to be unnecessarily set aside only to delay the proceedings. I find no justification in the petitioner's plea that the ex parte order already passed could be set aside. The order passed does not suffer from any vice for interference in revision. The trial Court shall proceed to examine the witnesses on the day when it is fixed and if the defendant/petitioner shows up and is willing to cross-examine without filing any written statement, he shall be permitted to do so. The trial Court will pass an appropriate judgment in accordance with law after examination of the witnesses. The parties shall appear before the Court on 26.12.2012.
5th September, 2012 Rajan
( K. KANNAN ) JUDGE
2 issues framed by the court
Whether the trial court could set aside an ex parte order and permit cross-examination.
Whether the petitioner justifies setting aside the ex parte order.
Dinesh Kumar
Smt. Pawan Devi
K. Kannan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
