Samarjeet Singh vs Samay Singh - 2024 Supreme(P&H) 323

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 323

ANIL KSHETARPAL
Samarjeet Singh – Appellant
Versus
Samay Singh – Respondent

Advocates Appeared:
For the Appearing Parties : Mr. Sandeep Vermani

JUDGMENT :

Mr. Anil Kshetarpal, J. :- In this revision petition, the plaintiff assails the correctness of the order setting aside the ex-parte judgment and decree while allowing the application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’). In substance, the court has permitted the defendant (respondent herein) to contest the suit on merits.

2. The trial court, upon examination of the material, which is available on the file, has recorded the following findings:-

“10. Onus to prove this issue was upon the applicant. It is the case of the applicant that in the case titled as “Samarjeet Singh vs. Samay Singh” the applicant did not receive any summons and an exparte judgment and decree has been passed against him which is liable to the set-aside and the applicant should be given an opportunity to contest the said case. A bare persual of the main case file shows that the main case was fixed for evidence of plaintiff on 18.12.2013. On that day neither the plaintiff or the defendant appeared before the court and the case was held to be dismissed in default and file was consigned to record room after due compliance. On the same day, case file

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