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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Tarsem Chand – Appellant
Versus
Gurmel Singh – Respondent
JUDGMENT :
Deepak Gupta, J.
This revision is directed against order dated 24.01.2024 (Annexure P-8) passed by learned Additional District Judge, Patiala, dismissing the appeal against order dated 01.02.2019 (Annexure P-6) passed by learned Civil Judge (Junior Division), Rajpura, whereby an application under Order IX Rule 13 CPC was dismissed.
2. As is borne out from the paper-book, suit for specific performance of agreement to sell dated 06.01.2003 for decree for mandatory and permanent injunction was filed by Gurmel Singh (respondent herein) against defendant Tarsem Chand (petitioner herein). Defendant contested the suit by filing written statement. Necessary issues were framed. However, during proceedings, defendant was proceeded ex parte and ultimately, the suit was decreed ex parte on 30.10.2013, copy of which is Annexure P-3.
3. The defendant i.e. petitioner herein moved an application under Order IX Rule 13 CPC for seffing aside the ex parte judgment and decree dated 30.10.2013, which was opposed by the respondent- plaintiff. Necessary issues were framed and after taking evidence, the application was dismissed by way of order dated 01.02.2019 by learned Civil Judge (Junior Divisi
The limitation for setting aside an ex parte judgment under Order IX Rule 13 CPC begins from the date of the judgment, not the date of knowledge.
A defendant must demonstrate justifiable reasons for absence to succeed in an application under Order 9 Rule 13 CPC.
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....
Ex-parte judgment – Ex-parte judgment should show the application of minimum requirement of consideration of the pleadings, issues, evidence and the relief sought for rendering such judgment - Litiga....
Each defendant in civil proceedings must fulfill their obligation independently. Persistent negligence cannot justify setting aside an ex parte order.
The failure to file an application for condonation of delay when seeking to set aside an ex parte decree under Order IX Rule 13 CPC is a fatal procedural defect, leading to dismissal of the applicati....
The legal principle established is that for an application under Order 9 Rule 13 CPC, the court must ensure that the defendant was duly served with the summons, and false reports on summons can lead ....
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