The main legal point established is the importance of timely filing of applications for setting aside ex-parte judgments and decrees, and the need for substantive justice over hyper-technicality in court proceedings.

Ajay Mohan Goel, J.

1. Both these petitions are being disposed of by a common judgment as common issue is involved in the same. Brief facts necessary for adjudication of these two petitions are that the respondent herein filed a civil suit for declaration i.e. C.S. No. 50/2002 titled as Satish Kumar vs. Des Raj against the present petitioner in the Court of learned Civil Judge (Sr. Division), Nurpur, District Kangra (H.P.). Petitioner had filed cross objections in the said suit. He was proceeded ex-parte by the learned Trial Court on 02.09.2009 and the counter claim was dismissed in default on the said date and thereafter the suit so filed by the present respondent was decreed ex-parte in his favour and against the petitioner on 11.09.2009.

2. Petitioner filed an application under Order 9 Rule 7 CPC before the learned Trial Court for setting-aside the order, vide which his counter claim was dismissed due to non appearance on 02.09.2009 i.e. counter claim No. 67/2002 and he also filed separate application under order 9 Rule 13 CPC for setting-aside ex-parte judgment and decree dated 11.9.2009 passed in C.S. No. 50/2002 by the learned Trial Court.

3. Both these applications so filed by the present petitioner were dismissed by the learned Trial Court vide separate orders dated 08.08.2014 by holding that the petitioner had failed to show sufficient cause for his non appearance in the Court on 02.09.2009 and for setting aside ex-pate judgment and decree dated 11.09.2009.

4. Feeling aggrieved, the orders so passed by the learned Trial Court were assailed by way of two appeals by the petitioner before the learned Appellate Court, which were dismissed by the learned Appellate Court i.e. Court of learned Addl. District Judge (I), Kangra at Dharamshala, Circuit Court at Nurpur, vide separate orders dated 08.12.2016. While dismissing the appeals so filed by the present petitioner, against the orders passed by the learned Trial Court dated 08.08.2014, it was held by the learned Appellate Court that the petitioner had miserably failed to satisfy as to what prevented him from appearing in the Court on 02.09.2009 and the explanation, which was given by the petitioner that he had gone to Rajasthan on the relevant date and that he was feeling sick and, as such, he could not inform his counsel about his illness, could not be proved on record by the present petitioner.

5. Feeling aggrieved by the orders, vide which the applications filed by the present petitioner under order 9 Rule 7 CPC and under order 9 Rule 13 CPC and were dismissed by the learned Trial Court as well as by the orders, vide which the appeals so filed by the present petitioner against the above mentioned orders, were dismissed by the learned Appellate Court, he filed these two petitions.

6. Vide CMPMO No. 60/2017, the petitioner has assailed the order dated 08.08.2014 passed by the learned Trial Court in CMA No. 231/2009 vide which his application filed under order 9 Rule 13 CPC was dismissed and the order dated 08.12.2016 passed by the learned Addl. District Judge (I), Kangra at Dharamshala, Circuit Court at Nurpur in CMA No. 2- N/XIV/14, vide which his appeal filed against the said order was dismissed.

7. Vide CMPMO No. 67/2017, the petitioner has assailed the order dated 08.08.2014 passed by the learned Trial Court in CMA No. 224/2009 vide which his application filed under order 9 Rule 7 CPC was dismissed and the order dated 08.12.2016 passed by the learned Addl. District Judge (I), Kangra at Dharamshala, Circuit Court at Nurpur in CMA No. 9- N/XIV/15, vide which his appeal filed against the said order was dismissed.

8. I have heard learned counsel for the parties.

9. It is a matter of record that the petitioner herein was proceeded against ex-parte by the learned Trial Court on 02.09.2009 and on the same date, the counter claim was also dismissed in default. It is also a matter of record that thereafter an ex-parte judgment and decree was passed by the learned Trial Court