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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NIDHI GUPTA
Manjit Kaur – Appellant
Versus
Manpreet Kaur – Respondent
JUDGMENT :
NIDHI GUPTA, J.
Present Civil Revision Petition under Article 227 of Constitution of India has been filed by defendant No.2 for setting aside the impugned order dated 18.11.2024 (Annexure P-1) passed by the Additional Civil Judge (Senior Division), Dera Bassi; whereby the applications (Annexures P-15 & P-17) dated 07.03.2018 filed by the petitioner under Order IX Rule 13 of the Code of Civil Procedure, for setting aside the ex-parte order (Annexure P-5) dated 23.05.2014 and consequential ex-parte judgment and decree (Annexure P-14) dated 16.12.2016, have been dismissed; and further for setting aside the impugned order (Annexure P-2) dated 14.11.2025 passed by the learned Additional District Judge, S.A.S. Nagar, whereby the appeal filed by the petitioner against the aforesaid orders has also been dismissed.
2. Brief facts of the case in chronological order are as follows: -
23.04.2013: Plaintiffs/respondents No.1 and 2 herein, had filed a suit for possession dated 23.04.2013 (Annexure P-3) against the defendant No.1/respondent No.3 herein and petitioner/defendant No.2. The said suit was filed for possession by way of specific performance of unregistered Sale Deed dated 17.02.
Point of Law : sufficient reason' for extending the delay in filing the petition should be construed liberally on the non-action on the part of the advocate. Besides, there is no general proposition ....
Point of law: Once court accepts explanation as sufficient it is the result of positive exercise of discretion and normally the superior court should not disturb such finding, much less in revisiiona....
Actual service of summons by registered post acknowledgment due is valid, even if defendants reside outside jurisdiction, and non-compliance with procedural rules does not equate to no service.
The Trial Court's decision in favor of the plaintiffs/respondent Nos. 1 and 2 and against the appellant without ensuring notice to the appellant and/or his counsel had been effected was in violation ....
Setting aside ex-parte decree – Real test for adjudication of a petition under Order IX Rule 13 CPC is whether litigant upon learning about ex-parte decree takes immediate steps in filing application....
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