Permission to participate in proceedings conditioned on payment of costs; ex parte orders set aside pending compliance.
Impugned orders dated 29.02.2016 and 10.08.2018 set aside, subject to payment of Rs. 10,000 costs to respondent No. 1.
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-5950-2018 (O&M)
230
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-5950-2018 (O&M) Date of Decision: 03.02.2023
Partap and others ....Petitioners
Versus
Suraj Mal and another ….Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. B.K.Bagri, Advocate, For the petitioners.
None for respondent No.1.
None for respondent No.2.
ARUN MONGA, J. (ORAL)
Revision petition herein is for setting aside order dated 29.02.2016 (Annexure P-2) vide which petitioners were proceeded ex parte and order dated 10.08.2018 (Annexure P-4) vide which their application for setting aside the ex part e order was also dismissed by Court of learned Civil Judge (Senior Division), Bawal.
VANDANA 2023.02.14 16:36 I attest to the accuracy and integrity of this document
Page 1 of 3
CR-5950-2018 (O&M)
Bawal. Then petitioners engaged a new Counsel for defending their case at Bawal. The new counsel informed the petitioners that due to non-filing of written statement by their earlier counsel, they are already proceeded ex parte . Then petitioners filed application for setting aside the ex parte order, which was also dismissed by Court of Learned Civil Judge (Sr. Division), Bawal on the ground that counsel for petitioners is not participating in any proceeding of the case and had not cross-examined the summoned witness of respondentNo.1 and fixed the case for defendants’ evidence. Learned counsel for petitioners submits that delay in filing the application for setting aside the ex parte order was not intentional as they were not aware about the case.
perused the case file.
be paid to plaintiff/respondent No.1, which shall be the condition precedent.
VANDANA 2023.02.14 16:36 I attest to the accuracy and integrity of this document
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CR-5950-2018 (O&M)
If the costs are not paid, as directed, the impugned orders shall stand restored.
| February 03, 2023 | (ARUN MONGA) | |
|---|---|---|
| vandana | JUDGE | |
| Whether speaking/reasoned: | Yes/No | |
| Whether reportable: | Yes/No |
VANDANA 2023.02.14 16:36 I attest to the accuracy and integrity of this document
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2 issues framed by the court
Whether to allow the ex parte orders proceeded against the petitioners and dismiss their application for setting aside those orders to be set aside.
Whether the petitioners should be granted an opportunity to participate in the proceedings subject to payment of costs.
Partap and others
Suraj Mal
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
