IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2592-2025(O&M)

Date of decision: 30.04.2025 Malkit Singh ...Petitioner(s)

Vs.

Mohinder Singh & Others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Lakhwinder Singh Mann, Advocate for the petitioner.

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NIDHI GUPTA, J.

Present petition under Article 227 of the Constitution of India has been filed by the defendant No.2 for setting aside order dated 11.11.2024 (Annexure P3) passed by learned trial Court vide which the petitioner has been proceeded against ex parte as the counsel for the petitioner pleaded no instructions; and further for setting aside order dated 04.02.2025 (Annexure P6) vide which the learned trial Court dismissed the application filed by the petitioner under Order 9 Rule 7 CPC.

2. Learned counsel for the petitioner submits that vide order dated 11.11.2024 (Annexure P3), the petitioner was proceeded against ex parte by the learned trial Court as counsel for the petitioner before the learned trial Court had pleaded ‘no instructions’ from the petitioner. Learned counsel contends that before proceeding against ex parte against the petitioner, it was incumbent upon the learned trial Court to issu