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IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

CMPMO No. 775 of 2025

Decided on: 20.5.2026

Jitender Singh

… Petitioner

Versus

The New India Assurance Ltd.

f …Respondent

_____________________________ ______________

Coram

Hon’ble Mr. Justice Virender Singh, Judge

Whether approved for reporting?

___________________________________________________

For the Petitioner: uMr. Yuyutsu Singh Thakur,

Advocate.

For the Respondents : None.

VirenCder Singh, Judge (oral )

Notice issued against respondent received back

after due service, however, despite service, respondent

has not opted to put appearance and contest the present

case. As such, the respondent is ordered to be proceeded

against ex-parte.

2. Petitioner Jitender Singh has filed the present

petition, under Section 227 of the Constitution of India,

with a prayer to quash the order dated 6.11.2025,

passed by the learned Senior Civil Judge, Nahan,

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District Sirmour, H.P. (hereinafter referred to as ‘the

Executing Court’).

2. By way of order dated 6.11.2025, the learned

Executing Court has dismissed the application, under

Order 9 Rule 7 CPC, in Execution Petition No. 25 of

2024, titled as, ‘NIAC versus Jitendefr Singh’. The said

Execution petition has been filed in Civil Suit No. 11/1

of 2019, which was decreed on 30.4.2024.

3. Vide judgment and decree dated 30.4.2024, the

following relief was granted to the respondent by the

learned Senior Civil Judge, Nahan, District Nahan, H.P.:

“In view thereof, the suit of the plaintiff is decreed with

costs. Accordingly, plaintiff is held entitled to recover the

h amount of Rs. 1,01,043/- alongwith interest @ 9% per

annum w.e.f. 27.4.2017 till the realization of the decretal

amount, from the defendant. Decree sheet be prepared

accordingly. File after its due completion be consigned to

H record room.”

4. Thereafter, the respondent had filed the

execution petition in the above titled Civil Suit.

5. Notice of the execution petition was issued to the

present petitioner (hereinafter referred to as ‘the

Judgment Debtor’). However, on 5.3.2025, the Judgment

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Debtor was ordered to be proceeded against ex-parte.

Thereafter, the Judgment Debtor has moved application

under Order 9 Rule 7 CPC, which was dismissed by the

learned Executing Court, on 6.11.2025.

6. Against the said order, the Judgment Debtor has

approached this Court with a prayefr to set aside the

order, dated 6.11.2025, on the ground, that the

approach adopted by the learned Executing Court, while

dismissing the application, under Order 9 Rule 7 CPC, is

not sustainable in the eyes of law, as, he has put forward

the plausible explanation for non-appearance before the

learned Executing Court, on 5.3.2025. Copy of

application under Order 9 Rule 7 CPC has been annexed

with the petition as Annexure P-4.

7. As per the averments made in the application,

the prayer for re-calling the ex-parte order dated

5.3.2025 has been made on the ground that after

receiving the summons, the Judgment Debtor remained

ill and the said summons was misplaced by him during

white-wash work in the office of the Judgment Debtor.

As per the Judgment Debor, on the aforesaid ground, he

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could not appear before the learned executing Court and

was proceeded against ex-parte.

8. The said application has been contested by the

Decree-Holder by filing reply. As per the reply, factual

position, as asserted in the application, has been

controverted/denied. f

9. The learned Executing Court has dismissed the

application, under Order 9 Rule 7 CPC, on the ground,

that he could not produce any record, pertaining to his

alleged illness, nor sufficient cause has been shown by

the Judgment Debtor qua his non-appearance, on

5.3.2025.

10. The suit for recovery has been decreed against

the Judgment Debtor and when, the execution has been

filed, he could not put appearance on 5.3.2025 on

account of the reasons, as mentioned in the application.

11. Th