CR-5325-2019

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR-5325-2019 (O&M)

Date of decision: 29.10.2022

Kanwaljit Singh

....Petitioner

Vs.

Dalbir Kaur and others

....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Dheeraj Mahajan, Advocate

for the petitioner.

Mr. Hardik Ahluwalia, Advocate for

Mr. T.V.S. Lehal, Advocate

for the respondents.

*******

ARVIND SINGH SANGWAN, J. (Oral)

Prayer in this petition is for setting aside the order dated

03.01.2018, vide which suit filed by the plaintiff-petitioner praying for a

decree of possession by way of specific performance of agreement to sell

was dismissed for non-prosecution as well as the order dated 30.05.2019,

vide which application filed by the petitioner-plaintiff for restoration of the

suit was also dismissed.

Brief facts of the case are that the petitioner filed a suit praying

for a decree of possession by way of specific performance of agreement to

VISHNU

2022.10.29 14:24

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh

CR-5325-2019

-2-

sell dated 12.07.2011, in which the respondents-defendants were proceeded

against ex-parte.

Learned counsel for the petitioner submits that when the case

was fixed for evidence of the plaintiff, inadvertently, his counsel noted the

date as 25.01.2018, whereas in fact, the case was adjourned for 03.01.2018.

It is further submitted that on 03.01.2018, noticing the fact that no one has

appeared on behalf of the plaintiff-petitioner and the respondents-

defendants have already been proceeded against ex-partee, the suit was

dismissed in default under Order IX Rule 8 CPC. It is also submitted that

immediately thereafter, an application was filed for restoration of the suit

and vide impugned order dated 30.05.2019, same was dismissed only on the

ground that the application has not been filed within the limitation from the

date of knowledge i.e. 25.01.2018.

Learned counsel for the respondents has submitted that even at

the stage, when the case was fixed for issuance of notice and service of the

defendants before the trial Court, no proper service was effected and the

defendants were not aware of the ex-parte proceedings against them.

After hearing learned counsel for the parties, this Court is of

the considered opinion that it will be in the interest of justice to set aside

both the impugned orders, as it is well settled principle of law that no one

should be condemned unheard and the suit should be decided on merits.

Learned counsel for the petitioner-plaintiff has stated at Bar

that he has no objection, if the ex-parte proceedings initiated against the

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2022.10.29 14:24

I attest to the accuracy and integrity of this

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Punjab and Haryana High Court,

Chandigarh

CR-5325-2019

-3-

respondents-defendants be also set aside and they are permitted to join the

proceedings by filing the written statement.

In view of the above, this petition is allowed and the impugned

orders dated 03.01.2018 and 30.05.2019 are set aside. The suit is restored to

its original number.

The trial Court is directed to allow the respondents-defendants

to join the proceedings and file the written statement and proceed further, in

accordance with law.

[ ARVIND SINGH SANGWAN ]

JUDGE

29.10.2022

vishnu

Whether speaking/reasoned

:

Yes/No

Whether reportable:

Yes/No

VISHNU

2022.10.29 14:24

I attest to the accuracy and integrity of this

document

Punjab and Haryana High Court,

Chandigarh