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HARSIMRAN SINGH SETHI
Tarsem Kaur – Appellant
Versus
Gurmit Singh – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral) - The present revision petition has been filed by the petitioner, who is a defendant in the civil suit so as to challenge the order dated 09.12.2022 (Annexure P/3) by which, an application filed by another defendant namely, Narinder Singh for setting aside exparte order dated 14.02.2018, has been allowed by the trial Court as the plaintiff did not raise any objection for the grant of the said benefit.
2. Learned counsel for the petitioner-defendant argues that allowing the said application by the trial Court is causing prejudice to the petitioner-defendant as now the decision of the civil suit will take more time.
3. This argument noticed hereinbefore, raised by the learned counsel for the petitioner/defendant is not maintainable for the reason that the suit has been filed by the plaintiff, who is the master of the suit.
4. Petitioner along with others were arrayed as defendants. All the parties are related to each other. One of the defendant was proceeded exparte and upon his application to allow the co-defendant to join the proceedings by setting aside the order proceeding the said defendant exparte, the plaintiff has raised no objection for
The plaintiff, as the master of the suit, has the discretion to allow a co-defendant to join the proceedings, and the lack of objection from the plaintiff is crucial in such matters.
The exparte proceedings were set aside as they were carried out in violation of the provisions of Order 5 of the Civil Procedure Code, and there was no negligence on the part of the defendants in avo....
No limitation under Article 137 for Order IX Rule 7 CPC; ex parte parties may participate in ongoing proceedings if good cause shown.
The defendant-petitioner cannot be made to suffer for the fault of the counsel, and the procedure is meant for the advancement of justice.
The court upheld the Trial Court's decision to set aside an exparte order due to valid reasons related to the health of the principal respondent, allowing conduct of the suit on merits.
The court emphasized procedural fairness in civil trials, ruling that time extensions for filing should not be routine but based on justifiable reasons, allowing parties their due process rights.
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