IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.12.2025 Ravinder Kumar .… Petitioner Versus Sandeep Kumar and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Rajni Bala, Advocate for the petitioner.

Mr. Abhishek Singh, Advocate for respondent No. 1.

NIDHI GUPTA, J. (ORAL)

1. Vakalatnama filed on behalf of respondent No. 1 is taken on record.

2. By way of filing the present revision petition, petitioner/ defendant No. 1 assails the order dated 31.03.2022 (Annexure P-4) passed by the learned trial Court in Civil Suit bearing No. CS-462-2019 instituted on 28.02.2019 (Annexure P-3) titled as ‘Sandeep Kumar vs. Ravinder Kumar and others’ whereby the petitioner was proceeded against ex parte; and impugned order dated 09.07.2025 (Annexure P-7) whereby the application dated 22.12.2022 (Annexure P-5) filed by the petitioner for setting aside the ex parte order dated 31.03.2022 was also dismissed.

3. Learned counsel for petitioner/defendant No. 1, inter alia, submits that respondent No. 1/plaintiff had filed Civil Suit (Annexure P-3), for declaration. After issuance of notice in the said suit, the petitioner/defendant No. 1 had appeared through his counsel for the first time in the said suit on 15.03.2019 and was regularly appearing before the trial Court on each and every date. However, on 31.03.2022, defendant No. 1 had failed to appear before the learned trial as he had to go to the house of his real sister on account of serious condition of daughter of the petitioner’s sister. Accordingly, vide impugned order dated 31.03.2022 (Annexure P-4) the learned trial Court had proceed the petitioner/ defendant No. 1 as ex parte. Feeling aggrieved, petitioner/defendant No. 1 had filed an application dated 22.12.2022 (Annexure P-5), which was also dismissed by the learned trial Court vide another impugned order dated 09.07.2025 (Annexure P-7). Learned counsel submits that the petitioner would be seriously prejudiced, if he is not allowed to join the proceedings and put forth his case by filing written statement. It is accordingly, prayed that the impugned orders dated 31.03.2022 and 09.07.2025 (Annexures P-4 and P-7, respectively) may be set aside and petitioner/defendant No. 1 may be permitted to join the proceedings and also may be granted only one effective opportunity to file written statement, subject to payment of reasonable costs.

4. Per Contra, learned counsel appearing for respondent No. 1 vehemently opposes the submissions advanced on behalf of the petitioner. Learned counsel submits that after the petitioner was proceeded against ex parte, the plaintiff/respondent No. 1 had concluded his entire evidence in December, 2022; and the case is now at the stage of ex parte arguments. The petitioner had filed the application (Annexure P-5) for setting aside the order dated 31.03.2022, just to prolong the trial. Further, it is submitted that while issuing notice of motion in the present case vide order dated 25.09.2025, a co-ordinate Bench of this Court directed the petitioner to join the proceedings before the learned trial Court at the stage where the proceedings are pending. It is submitted that although, the petitioner has joined the proceedings before the learned trial Court, but still on subsequent on 03 dates of hearing before the learned trial Court i.e. 01.10.2025, 17.11.2025 and 21.11.2025, the petitioner has again failed to file his written statement and reply to the stay application, and now the case is fixed for tomorrow i.e. 05.12.2025 for the said purpose. It is accordingly, prayed that the present revision petition may be dismissed.

5. Learned counsel for respondent No. 1 has handed over in Court copy of case status as well as copy of order dated 17.11.2025, passed by the learned trial Court, which are taken on record.

6. I have heard learned counsel for the parties and carefully perused the record.

7. On the last date of hearing i.e. 25.09.2025, while issuing notice of motion