IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (159)

CR-5891-2025 Date of decision: - 28.08.2025 Manjit Pal Singh ....Petitioner Versus Union of India and others .....Respondents CORAM : HON'BLE MR. JUSTICE VIKAS BAHL Present:- Mr. Sandeep S. Majithia, Advocate, for the petitioner.

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VIKAS BAHL, J. (ORAL)

1. Present civil revision has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 28.07.2025 (Annexure P-15) passed by the Civil Judge (Junior Division), Amritsar whereby the application for setting the ex-parte order dated

20.03.2019 (Annexure P-9) has been dismissed.

2. The present case depicts the effort made by the judgment debtor to delay the proceedings endlessly. It is not in dispute that the civil suit for recovery was filed by the Union of India and Bharat Sanchar Nigam Limited against the present petitioner who was defendant No.2 in the suit and against one Mohinder Singh in the year 2003. The said suit was decreed vide judgment and decree dated 27.04.2013 (Annexure P-1)

and the relevant portion of the same is reproduced herein-below: -

“9. As discussed above, the suit of the plaintiff succeeds and is hereby decreed with costs, holding that as per the compromise and statement of defendant No.1 Mohinder Singh and the statement of Sh.Tarsem Lal, AGM Legal, BSNL, Amritsar recorded in the Lok Adalat on 27.4.2013, the defendant No.1 Mohinder Singh agreed to make the lumpsum amount of Rs.1,36,254/- by means of Instalment of Rs.3000/- per month payable bi-monthly as Rs.6000/- till the payment of total outstanding amount and Mohinder Singh would submit cheques in advance on year to year basis. That as per agreed terms of compromise, the plaintiffs are entitled and defendant No.1 will make the payment of Rs. 1,36,254/- as lumpsum total amount to the plaintiffs by making payment of Rs.6000/- Bi-monthly till the payment of total amount of Rs.1,36,254/- and defendant No.1 will submit the cheques in advance on year to year basis and in case of failure of the defendant in making the payment, plaintiffs will be entitled to recover the amount of Rs.1,36,254/- alongwith Interest @ 12% from the date of institution of the suit till today and the plaintiffs will be entitled to the future Interest @ 9% per annum from the date of decree until full and final realization and the defendant No.2 is liable to make the payment of Rs.2,73,355/ of bills amount and a sum of Rs.2,02,582/- on account of Interest @ 12% per annum on the bills total amounting to Rs.4,75,937/-. Plaintiffs are also entitled to the pendente lite Interest @ 12% per annum from the date of filing the suit till today. Plaintiffs are also entitled to future Interest @ 9% per annum from the date of decree until full and final realization. That since the matter qua the defendant No.1 Mohinder Singh and plaintiffs is settled in Lok Adalat and with the Intervention of the Lok Adalat, hence the court fees/stamp duty qua the amount of Rs.2,81,065/- be refunded back to the plaintiffs as per the provision of the Free Legal Aid and Legal Services Authority Act. Decree sheet be drawn and file be consigned to the record room.

Announced. (Sandeep S.Jossan)

27.4.2013 Presiding Officer, Lok Adalat-cum-

Civill Judge (Senior Division), Amritsar”

3. A perusal of the above decree would show that as far as defendant No.1 is concerned, the matter was settled but as far as petitioner/defendant No.2 is concerned, the petitioner/defendant No.2 was directed to make the payment of Rs.4,75,937/- along with pendente lite interest @ 12% per annum from the date of filing the suit and was also liable to pay future interest @ 9% per annum from the date of decree till the date of the realization. Apparently, the application dated 22.07.2013 was filed by the petitioner under Order 9 Rule 13 CPC read with Section 151 CPC for setting aside the judgment and decree dated 27.04.2013 (Annexure P-2), as the said judgment and decree dated 27.04.2013 was ex-parte again