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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Yashvir Saini – Appellant
Versus
Shamsher Singh – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The present revision petition is directed against the order dated 06.08.2024 (Annexure P-2) passed by the Court of learned Addl. District Judge, Jhajjar dismissing the appeal filed by the petitioner against judgment dated 28.05.2019 (Annexure P-1) passed by the Court of learned Civil Judge (Sr. Divn.), Jhajjar, vide which the application filed by the petitioner under Order 9 Rule 13 of the Code of Civil Procedure , 1908 (for short the 'CPC') was dismissed.
2. For the sake of convenience and clarity, parties shall be referred to as per their original status.
3. The facts, in brief, are that Shamsher Singh (respondent No.1) instituted a suit (Civil Suit No.269 of 2013) against the present petitioner (Yashvir Saini) and one Rambati for possession by way of specific performance of agreement to sell dated 18.01.2006. The case set up was that vide the said agreement to sell, defendant No.1 had agreed to sell a plot measuring 700 sq. yd. to the plaintiff for a total sale consideration of Rs.850/-per sq. yd. Earnest money of Rs.1 lakh was paid and the sale deed was to be executed on or before 17.02.2006. Defendant No.1 did not put in appearance despite service a
Improper service claims cannot void an ex parte judgment if the defendant had prior knowledge of the proceedings, as judicial efficiency must be upheld.
Timely filing and valid explanations for delays are crucial in applications to set aside ex parte judgments under Order 9 Rule 13 of the CPC.
Proper service of notice is essential in execution proceedings; failure to follow mandatory procedures renders ex-parte orders invalid.
The court emphasized the necessity of adhering to procedural rules under the Code of Civil Procedure to ensure that ex-parte decrees are justly administered and not issued without proper evidence of ....
The main legal point established in the judgment is that the requirement of 'good cause' for setting aside an ex parte order should be interpreted widely, and the rescission of contract under Section....
The court emphasized the sanctity of judicial records and the importance of upholding evidence of service of summons unless malafide intent is shown.
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