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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Gulshan Kumar – Appellant
Versus
Mahender Singh Samriwal – Respondent
JUDGMENT :
DEEPAK GUPTA, J.
1. The petitioner, arrayed as defendant No.10 in Civil Suit No. CS-2556 of 2016 titled Mahender Singh Samriwal & Another v. State of Haryana & Others pending before the learned Additional Civil Judge (Senior Division) Gurugram, challenges two orders. The first is the order dated 03.11.2022 (Annexure P-7), by which he was proceeded against ex parte. The second is the order dated 02.08.2025 (Annexure P-19), dismissing (i) his application under Order IX Rule 7 CPC for setting aside the ex parte order dated 03.11.2022 and (ii) a subsequent application seeking adjudication of the earlier application.
2. A perusal of the record reveals that in the recovery suit instituted by the plaintiffs (contesting respondents herein), the petitioner first appeared on 19.04.2017. Although he continued to mark presence on several subsequent dates, he did not file any written statement. On 03.11.2022, when neither he nor any authorised representative appeared, the trial Court proceeded against him ex parte, along with similarly situated defendants.
3. The petitioner thereafter filed an application on 12.04.2023 under Order IX Rule 7 CPC seeking to set aside the ex parte order. Ho
Each defendant in civil proceedings must fulfill their obligation independently. Persistent negligence cannot justify setting aside an ex parte order.
A party seeking to set aside an ex parte judgment and decree must demonstrate sufficient cause for non-appearance and file the application within a reasonable time, as per Order 9 Rule 13 CPC and Sec....
The court established that legal representatives of a defendant who has been proceeded against ex parte should have the opportunity to contest the matter, and limitation for setting aside such decree....
The right to defend one's case is prioritized, allowing the defendant to contest a suit after compensating for any prejudice caused to the plaintiff.
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....
Article 137 Limitation Act applies to Order IX Rule 7 CPC applications; over five-year unexplained delay despite prior knowledge of suit bars setting aside ex parte proceedings on grounds of laches a....
Litigants must remain vigilant in their legal representation; absence due to counsel's instruction without good cause does not justify setting aside ex parte orders.
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