Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Gulshan Kumar – Appellant
Versus
Mahender Singh Samriwal – Respondent
| Table of Content |
|---|
| 1. negligence in filing written statements results in ex parte proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. lack of diligence in prosecuting applications leads to unsuccessful appeals. (Para 7 , 8 , 9) |
| 3. no jurisdictional error found in the trial court's orders. (Para 10) |
| 4. petitioner may participate, but can't file written statement. (Para 11) |
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 s
Each defendant in civil proceedings must fulfill their obligation independently. Persistent negligence cannot justify setting aside an ex parte order.
No limitation under Article 137 for Order IX Rule 7 CPC; ex parte parties may participate in ongoing proceedings if good cause shown.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
