IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 08.09.2025 Vijay Kumar Girdhar and others ...Petitioner(s)

Vs.

Vijay Kumar Jain and others ...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. H.S.Kohli, Advocate for the petitioners.

Mr. Sumeet Jain, Advocate for the caveator/respondents.

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NIDHI GUPTA, J.

Present Civil Revision under Article 227 of Constitution of India has been filed by the plaintiffs against the order dated 27.05.2025 whereby application (Annexure P-23) filed by the petitioners under Section 151 CPC for recalling of order dated 04.07.2024; whereby evidence of the petitioners had been closed by Court order; and praying for permitting the petitioner/plaintiffs to lead evidence; has been dismissed by the learned Civil Judge (Junior Division), Gurugram.

2. Learned counsel for the petitioner submits that in passing the impugned order and not recalling the order dated 04.07.2024, learned Civil Judge, (Junior Division), Gurugram failed to appreciate that order dated 04.07.2024 had been passed without jurisdiction in-as-much as pecuniary jurisdiction of the said Court had changed. As such, evidence of the plaintiffs could not have been closed by order by the learned Civil Judge without having jurisdiction to entertain the matter. Accordingly, application had been moved by the petitioners before the learned District Judge, Gurugram for transfer of the suit in view of the change in the pecuniary jurisdiction of the learned Civil Judge. The said application was returned by learned District Judge to move the application before the learned Trial Court in this behalf. Thus, application was moved by the petitioners before the learned Trial Court to send the case file of the present suit to the Court of learned District Judge, Gurugram for transfer to the appropriate Court having pecuniary jurisdiction to try and decide the present suit. Learned counsel refers to the zimni orders passed by the learned Trial Court in this regard dated 09.09.2024 (Annexure P-20) and 21.10.2024 (Annexure P-21). It is contended that accordingly as “on 04.07.2024, the Ld. Trial Court was not competent to try and decide the present suit owing to not having the pecuniary jurisdiction, therefore the order dated 04.07.2024 should not have been passed and the Ld. Trial Court ought to have sent the file to the Ld. District Judge Gurugram for transfer to some appropriate Court having jurisdiction to try and decide the present suit, however on account of passing of order dated 04.07.2024, a great prejudice was caused to the petitioners and they have been deprived of their legal right to contest the suit on the merits.” 3. It is submitted that, therefore, in view of the above facts, learned Civil Judge ought not to have passed the order dated 27.05.2025 dismissing the application of the petitioners under Section 151 CPC seeking recall of the order dated 04.07.2024 which had been passed by the Civil Judge without jurisdiction.

4. Per contra, learned counsel for the caveator/ respondents/defendants opposes submissions made on behalf of the petitioners and submits that the conduct of the petitioners is self- speaking in-as-much as although the suit is of the year 2021, yet the petitioners have failed to conclude their evidence even 4 years thereafter.

5. It is pointed out that petitioners had previously also filed a Civil Revision No. 4718 of 2024 titled as Vijay Kumar Girdhar and others vs. Vijay Kumar Jain and others laying challenge to the order dated 04.07.2024 itself. In the said CR No. 4718 of 2024, petitioners had raised no objection and made no mention of the pecuniary jurisdiction of the learned Civil Judge. As there was no merit to the Civil Revision, the same was, ordered to be dismissed as withdrawn by a Predecessor Bench of this Court vide order dated 22.08.2024 (Annexure P-22), in the following terms:-

“1. Present revision petition has been filed under Article 227 of the Constitution of India, for setting asid