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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Gurmail Singh – Appellant
Versus
Sukhdev Singh – Respondent
JUDGMENT :
VIKAS BAHL, J.
CHALLENGE IN THE PRESENT REVISION PETITION:-
1. This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dated 22.02.2024 (Annexure P-1) passed by the Additional Civil Judge (Senior Division), Faridkot, whereby an application filed by defendant Nos.2 and 3/respondent No.2 and 3 for striking off appearance of defendant No.1/petitioner as well as written statement filed by defendant No.1/petitioner has been allowed.
ARGUMENTS ON BEHALF OF THE PETITIONER:-
2. Learned Senior Counsel for the petitioner has submitted that in the present case, the petitioner is defendant No.1 in the suit and respondent No.1-Sukhdev Singh had filed a suit for possession by way of specific performance of agreement to sell dated 26.03.2002. It is submitted that the present contesting respondent Nos.2 and 3 are defendant Nos.2 and 3, who as per their case, had sale deed dated 21.07.2003 in their favour from the present petitioner. It is submitted that since all the three defendants were proceeded against ex-parte, thus, an ex-parte judgment and decree dated 02.04.2008 was passed. It is further submitted that thereafter, defendant Nos.2
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
The court emphasized that a petitioner must act with diligence and clean hands when invoking Article 227, especially when challenging an ex-parte decree after an unreasonable delay.
The main legal point established in the judgment is that a party approaching the court must do so with clean hands and must not engage in forum shopping. Additionally, the judgment and decree passed ....
The court emphasized the liberal construction of 'sufficient cause' for setting aside an ex parte decree and the need to balance the interests of both parties to prevent miscarriage of justice.
The court emphasized a lenient approach to granting delay in setting aside ex-parte decrees, underscoring natural justice principles when the Defendants were unable to appear due to bereavement.
The court affirmed that proper procedures for ex-parte proceedings were followed, and the petitioner had knowledge of the case, validating the ex-parte order.
Amendments to pleadings under Order 6 Rule 17 CPC are not permitted after trial commencement unless due diligence is demonstrated, which was not shown in this case.
The main legal point established is that even though the reasons for delay in filing a set aside ex parte order petition may not be satisfactory, if substantial rights are involved, the Court may gra....
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