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ARCHANA PURI
Satish Kumar – Appellant
Versus
Satinder Pal Singh Bhullar – Respondent
JUDGMENT :
(Archana Puri, J.) :
Challenge in the present revision petition is to the order dated 25.10.2021 (Annexure P-11) passed by learned trial Court, whereby, an application under Order 9 Rule 7 CPC, filed by the petitioner for setting aside the ex-parte order dated 10.05.2013 (Annexure P-7) was dismissed.
2. The background facts, essential to be noticed, to adjudicate the matter, are as follows:-
That, initially, plaintiffs Satinder Pal Singh Bhullar and Satinder Kaur (respondents No.1 and 2 in the present case) had filed a suit against defendant No.2-Satish Kumar (present petitioner) and other defendants, thereby, seeking partition of the residential house, wherein, preliminary decree was passed by learned trial Court on 30.03.2012 and the file was ordered to be consigned to record. Copy of the said judgment and decree is Annexure P-1. However, after passing of the preliminary decree, an application under Order 20 Rule 18 read with Section 151 CPC, for passing of the final decree was filed by respondents No.1 and 2, copy whereof is Anneuxre P-2. On the said application, on 12.05.2012, notice was ordered to be issued for 04.08.2012. However, the matter was taken up on 28.07.201
The court affirmed that proper procedures for ex-parte proceedings were followed, and the petitioner had knowledge of the case, validating the ex-parte order.
Proper service of notice is essential in execution proceedings; failure to follow mandatory procedures renders ex-parte orders invalid.
The legal point established is that the process server's reports must be witnessed, and the court must record satisfaction of 'deemed' service. The petitioner should have been given an opportunity to....
The High Court, exercising its extraordinary jurisdiction under Article 227 of the Constitution of India, cannot reappreciate the evidence or substitute its subjective opinion in place of the finding....
The main legal point established in the judgment is that a party approaching the court must do so with clean hands and must not engage in forum shopping. Additionally, the judgment and decree passed ....
The limitation period for challenging an ex-parte order starts from the date of knowledge of the order, not the date it was issued.
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