Affirming the trial Court's order setting aside ex parte proceedings subject to payment of cost and dismissal of the application. The High Court held no merit in further hearing the application.
The writ petition dismissing the application to set aside the order dated 05.07.2024 was dismissed.
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-5130-2024
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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.
“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.”
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
Page 2 of 2
2 issues framed by the court
Whether the ex parte proceedings against respondents should be set aside subject to payment of cost despite petitioner's consent in the summary
Whether good cause was assigned by respondents for their previous non-appearance at the stage of ex parte evidence
1 provisions across 1 enactments
SANTOSH KUMAR
SAVINDER KAUR
ANOTHER
DEEPAK GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
