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130

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

CR No.4330 of 2026 (O&M)

Date of Decision:-22.05.2026

Sameer Kumar

…..Petitioner.

Versus

Geeta Kathuria

.....Respondent.

CORAM: HON’BLE MR. JUSTICE VIKRAM AGGARWAL

*****

Present:- Petitioner in person.

VIKRAM AGGARWAL, J. (ORAL)

The instant revision petition, preferred under Article 227 of

the Constitution of India, assails order dated 11.05.2026 (Annexure P-11)

passed by the Court of District Judge, Gurugram, vide which the

application for grant of stay during the pendency of the restoration

application (Annexure P-10) instituted under Section 151 read with Section

141 and Order IX Rule 9 of the Code of Civil Procedure, 1908 (hereinafter

referred to as the ‘CPC’) was dismissed.

2. The facts, as emanating from the petition, are that a suit

(Annexure P-1) for possession by way of ejectment and for recovery of

arrears of rent/ damages/mesne profits was instituted by the respondent-

plaintiff (Geeta Kathuria) against the petitioner-defendant (Sameer Kumar)

qua the ground floor of residential House No.523, Sector-5, Urban Estate,

Gurgaon.

YAG DUTT

2026.05.25 15:10

I attest to the accuracy and

authenticity of this

order/judgment.

CR No.4330 of 2026 (O&M) -2-

3. During the pendency of the suit, an application under Order

XV Rule 5 read with Section 151 CPC was instituted by the respondent-

plaintiff for striking off the defence of the petitioner-defendant. The said

application was allowed vide order dated 08.01.2025 (Annexure P-2) since

the petitioner-defendant had failed to deposit the arrears of rent at the first

hearing of the suit.

4. Aggrieved by the said order, an appeal (Annexure P-3) was

instituted by the petitioner-defendant. Vide order dated 30.04.2025

(Annexure P-5) passed by the appellate Court, the proceedings before the

trial Court were stayed. The order dated 30.04.2025 reads as under:-

“Present: Appellant Shri Sameer Kumar, Advocate

in person.

Shri V.P. Munjal, Advocate for the respondent

along with respondent Smt. Geeta Kathuria

in person.

Lower court record received and attached with

the civil appeal. Learned counsel for respondent referred

Order 15 Rule 5 of CPC which was inserted by way of

amendment and as per the Code of Civil Procedure

(Professional Book Publisher, Delhi), 2020, same is

applicable to Punjab, Haryana and Chandigarh. Learned

counsel for appellant submitted the Code of Civil Procedure

of the same publisher, publishing in the year 2025, showing

that said amendment relates to State of Punjab.

None of the counsel is having the notification,

through which the said amendment was introduced. Counsel

for the parties seek adjournment for submission of

notification. Adjourned to 03.07.2025 for submission of

notification and for consideration on the objections raised by

YAG DUTT

2026.05.25 15:10

I attest to the accuracy and

authenticity of this

order/judgment.

CR No.4330 of 2026 (O&M) -3-

learned counsel for respondent regarding maintainability of

the present appeal.

Learned counsel for appellant made request for

staying the proceedings of learned trial court up to the next

date of hearing on the ground that in case, the evidence of

the plaintiff is recorded on the date fixed before learned trial

court, his appeal would render infructuous. Learned counsel

for the respondent opposed the request made by learned

counsel for appellant.

In view of request made by learned counsel for

appellant, the proceedings of the learned trial court shall

remain stayed upto the next date of hearing.”

5. Vide order dated 06.02.2026 (Annexure P-6), the appeal was

dismissed in default. This led to the filing of an application (Annexure P-7)

under Order XLI Rule 19 read with Section 151 CPC for re-admission of

the appeal.

6. Vide order dated 06.04.2026 (Annexure P-9), the said

application for restoration was also dismissed in default as no one caused

appearance. This led to the filing of an application (Annexure P-10) for

restoration of the application for re-admission. It was submitted in the

application that the non-appearance