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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ROMESH VERMA
Ram Swaroop(deceased) through LRs – Appellant
Versus
Rajinder Singh – Respondent
Judgment :
Romesh Verma, J.
The present petition has arisen from the judgment as passed by the learned District Judge, Solan, District Solan, dated 13th March, 2023, whereby the appeal preferred by the present petitioner has been dismissed and the order as passed by learned Civil Judge (Junior Division), Court No.1, Solan, H.P. dated 22nd April, 2016 has been affirmed.
2. The brief facts of the case are that the present respondent filed a Civil Suit No.308/1/04/1998 for specific performance of a contract for sale against the defendant, namely, Ram Swaroop. The suit as preferred by the plaintiff/respondent was decreed by learned trial Court by passing ex-parte decree dated 01.06.2006. The petitioner/defendant preferred an application under Order 9 Rule 13 CPC read with Section 151 CPC for setting aside ex parte order dated 27.11.2003 and ex parte judgment and decree dated 01.06.2006 passed in Civil Suit No.308/1/04/1998, titled Rajender Singh vs. Ram Swaroop, before the learned trial Court. Along with the said application an application under Section 5 of the Limitation Act for condonation of delay in filing the application under Order 9 Rule 13 CPC read with Section 151 of CPC for set
Ex parte decree not set aside for uncorroborated delay excuse despite missing defendant claim; prior knowledge inferred from admissions; Art 227 bars reappreciating evidence in absence of jurisdictio....
Point of law: Once court accepts explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in revisiiona....
The Trial Court's decision in favor of the plaintiffs/respondent Nos. 1 and 2 and against the appellant without ensuring notice to the appellant and/or his counsel had been effected was in violation ....
The court reaffirmed that substituted service under the Code of Civil Procedure does not constitute adequate service, necessitating substantiation of claims in applications for condonation of delay.
Point of Law : sufficient reason' for extending the delay in filing the petition should be construed liberally on the non-action on the part of the advocate. Besides, there is no general proposition ....
Point of law: It is well settled principle of law that any judgment or order obtained by fraud, its validity can be challenged in any proceeding. Before three centuries, Chief Justice Edward Coke pro....
The High Court should not entertain a revision petition under Article 227 against an ex-parte judgment and decree when a specific remedy of appeal is available under the Code of Civil Procedure itsel....
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