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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Varinderjeet Singh (wrongly mentioned as Varinder Singh) – Appellant
Versus
Joginder Pal Narula – Respondent
JUDGMENT
DEEPAK GUPTA, J.
The petitioner is defendant No.2 in a civil suit bearing CNR No. PBSA02-001841-2019 titled 'Joginder Pal Narula and others v. Balwinder Singh @ Kaka and another', pending before the learned Additional Civil Judge (Senior Division), SAS Nagar (Mohali). The petitioner was proceeded against ex parte on 10.01.2020.
2. An application under Order IX Rule 7 CPC (Annexure P-5) seeking setting aside of the ex parte proceedings was filed on 02.09.2025. The said application was dismissed by the trial Court vide order dated 10.11.2025 (Annexure P-1). Aggrieved thereby, the petitioner has approached this Court by way of the present revision petition.
Submissions on Behalf of the Petitioner :
3.1 Learned counsel for the petitioner contends that service of summons was not effected personally upon the petitioner. It is argued that service is shown to have been effected through the petitioner’s father, whereas the relationship between the petitioner and his father was strained, due to which the petitioner was never informed about the receipt of summons.
3.2 It is further submitted that the process server failed to comply with the mandatory requirements of Order V Rule 15 CPC, wh
Failure to show good cause for non-appearance and lack of diligence in pursuing the case can lead to the dismissal of an application under Order 9 Rule 7 of the Civil Procedure Code.
The necessity of proper notice before restoring a suit, as it pertains to a defendant's right to defend their case.
A party's knowledge of a lawsuit does not negate the right to challenge an ex-parte decree if sufficient cause for delay in filing is shown, and interlocutory evidence does not require strict proof.
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....
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