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CR-6468-2019 (O&M)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

245

CR-6468-2019 (O&M)

Date of decision: 28.04.2026

Narinder Singh

...Petitioner(s)

Vs.

Sanjay Kumar

...Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

Present:- Mr. A.P. Kaushal, Advocate

for the petitioner.

Mr. M.S. Batth, Advocate

for the respondent.

***

NIDHI GUPTA, J.

Present Revision Petition has been filed by the defendant laying

challenge to the order dated 06.09.2019 (Annexure P12) passed by the learned

Civil Judge (Junior Division), Ludhiana whereby application filed by the

petitioner under Section 5 of the Limitation Act; and for setting aside ex parte

order dated 21.09.2015; and for setting aside ex parte judgment and decree

dated 19.12.2016, has been dismissed.

2. It is inter alia submitted by learned counsel for the petitioner that

the learned Civil Court was in error in dismissing the application of the

petitioner as it failed to appreciate that the petitioner had not been served in

SUNENA

2026.05.01 17:02

I agree to specified

portions of this document

CR-6468-2019 (O&M)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)

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accordance with law. It is submitted that the respondent/plaintiff had

deliberately wrongly mentioned name of the petitioner as “N.S. Channi”;

whereas name of the petitioner is “Narinder Singh”. It is submitted that a

perusal of the Civil Suit (Annexure P4) filed by the respondent shows that name

of the petitioner is deliberately wrongly mentioned as “N.S. Channi” and not

as “Narinder Singh son of Mohan Singh”. Learned counsel submits that even

address of the petitioner has been wrongly mentioned in the Civil Suit

(Annexure P4); whereas the correct address of the petitioner is as mentioned

in the Memo of Parties of the present Revision Petition. Ld. counsel contends

that therefore, due to the wrong name and wrong & incomplete address of the

petitioner given by the respondent, the petitioner was never served in the Civil

Suit. It is submitted that this fact is obvious from the report of the Postman

and report of the Process Server and copy of Publication (Annexure P5 to P7)

respectively. It is contended that therefore, it was incumbent upon the learned

Civil Court to allow the application filed by the petitioner.

3. It is further submitted that the petitioner came to know about the

Civil Suit on 02.11.2017 when the respondent along with the bailiff/server

came to the property of the wife of the petitioner to execute the Warrants of

Attachment in Execution filed by the respondent against the petitioner and the

petitioner was informed telephonically by the Bailiff that respondent has filed

an Execution Petition against him and he has to appear in the Executing Court

SUNENA

2026.05.01 17:02

I agree to specified

portions of this document

CR-6468-2019 (O&M)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)

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on 06.11.2017. On 03.11.2017, the petitioner contacted his counsel at trial

Court and appeared in the Court on 06.11.2017, and on the same day counsel

for the petitioner had filed inspection of the file and after getting permission

from the learned trial Court on 22.11.2017 counsel for the petitioner at trial

Court inspected the file of Execution as the file reached in the Inspection Cell

on 21.11.2017. From the judgment and decree dated 19.12.2016 filed