Navrattan Chaudhry Navrattan Chaudhry v. Asha Mankotia
Case Details
(O&M) CR-6331-2025 (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR CR-6331-2025 (O&M) Decided on :- 10.09.2025 Decided on : Navrattan Chaudhry Navrattan Chaudhry ....Petitioner VERSUS Asha Mankotia ....Respondents
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE Mr. S.L.Chander Shekhar, Advocate for the petitioner. Present: Mr. S.L.Chander Shekhar, Advocate for the petitioner. Mr. S.L.Chander Shekhar, Advocate for the petitioner. -.- MANDEEP PANNU J. MANDEEP PANNU J. 1. Present civil revision petition has been filed by the petitioner Present civil revision petition has been filed by the petitioner Present civil revision petition has been filed by the petitioner Present civil revision petition has been filed by the petitioner judgment and decree dated 07.09.2021 passed by the challenging the ex parte judgment and decree dated 07.09.2021 passed by the judgment and decree dated 07.09.2021 passed by the challenging the ex parte learned Civil Judge (Junior Division), Dera Bassi. learned Civil Judge (Junior Division), Dera Bassi. learned Civil Judge (Junior Division), Dera Bassi. 2. It has been submitted by the petitioner that two civil suits were It has been submitted by the petitioner that two civil suits were It has been submitted by the petitioner that two civil suits were It has been submitted by the petitioner that two civil suits were instituted almost simultaneously, one by the petitioner on 25.06.2016 and the other instituted almost simultaneously, one by the petitioner on 25.06.2016 and the other instituted almost simultaneously, one by the petitioner on 25.06.2016 and the other instituted almost simultaneously, one by the petitioner on 25.06.2016 and the other by the present respondent on 30.06.2016. During the pendency of these by the present respondent on 30.06.2016. During the pendency of these by the present respondent on 30.06.2016. During the pendency of these by the present respondent on 30.06.2016. During the pendency of these proceedings, the petitioner was unable to appear in the suit filed by the respondent proceedings, the petitioner was unable to appear in the suit filed by the respondent proceedings, the petitioner was unable to appear in the suit filed by the respondent proceedings, the petitioner was unable to appear in the suit filed by the respondent as his daughter and mother had expired in quick succession. Consequently, on as his daughter and mother had expired in quick succession. Consequently, on as his daughter and mother had expired in quick succession. Consequently, on as his daughter and mother had expired in quick succession. Consequently, on er was proceeded against ex parte, and ultimately an ex 04.08.2018, the petitioner was proceeded against ex parte, and ultimately an ex er was proceeded against ex parte, and ultimately an ex 04.08.2018, the petition parte decree was passed against him on 07.09.2021. In contrast, the suit instituted parte decree was passed against him on 07.09.2021. In contrast, the suit instituted parte decree was passed against him on 07.09.2021. In contrast, the suit instituted parte decree was passed against him on 07.09.2021. In contrast, the suit instituted by the petitioner was dismissed in default on account of his absence. by the petitioner was dismissed in default on account of his absence. by the petitioner was dismissed in default on account of his absence. 3. te applications before the The petitioner thereafter filed two separate applications before the The petitioner thereafter filed two separa The petitioner thereafter filed two separa learned trial Court, one under Order 9 Rule 4 CPC seeking restoration of his own learned trial Court, one under Order 9 Rule 4 CPC seeking restoration of his own learned trial Court, one under Order 9 Rule 4 CPC seeking restoration of his own learned trial Court, one under Order 9 Rule 4 CPC seeking restoration of his own civil suit, and another under Order 9 Rule 13 CPC seeking to set aside the ex parte civil suit, and another under Order 9 Rule 13 CPC seeking to set aside the ex parte civil suit, and another under Order 9 Rule 13 CPC seeking to set aside the ex parte civil suit, and another under Order 9 Rule 13 CPC seeking to set aside the ex parte ed on the same judgment and decree dated 07.09.2021. Both applications were filed on the same judgment and decree dated 07.09.2021. Both applications were fil judgment and decree dated 07.09.2021. Both applications were fil date. The application under Order 9 Rule 4 CPC was allowed on 01.12.2022 and date. The application under Order 9 Rule 4 CPC was allowed on 01.12.2022 and date. The application under Order 9 Rule 4 CPC was allowed on 01.12.2022 and date. The application under Order 9 Rule 4 CPC was allowed on 01.12.2022 and TRIPTI SAINI 2025.09.11 14:13 I attest to the accuracy and integrity of this document (O&M) CR-6331-2025 (O&M) -2- - the suit filed by the petitioner was restored to its original number. However, the the suit filed by the petitioner was restored to its original number. However, the the suit filed by the petitioner was restored to its original number. However, the the suit filed by the petitioner was restored to its original number. However, the application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and decree dated 07.09.2021 is still pending consideration, and issues have already decree dated 07.09.2021 is still pending consideration, and issues have already decree dated 07.09.2021 is still pending consideration, and issues have already decree dated 07.09.2021 is still pending consideration, and issues have already been framed thereon with liberty to the parties to lead evidence. It is further been framed thereon with liberty to the parties to lead evidence. It is further been framed thereon with liberty to the parties to lead evidence. It is further been framed thereon with liberty to the parties to lead evidence. It is further submitted that vide order dated 02.06.2022, the learned trial Court was directed to submitted that vide order dated 02.06.2022, the learned trial Court was directed to submitted that vide order dated 02.06.2022, the learned trial Court was directed to submitted that vide order dated 02.06.2022, the learned trial Court was directed to application under Order 9 Rule 13 CPC expeditiously but that is not decide the application under Order 9 Rule 13 CPC expeditiously but that is not application under Order 9 Rule 13 CPC expeditiously but that is not application under Order 9 Rule 13 CPC expeditiously but that is not being complied with. being complied with. 4. I have heard learned counsel for the petitioner and have gone through I have heard learned counsel for the petitioner and have gone through I have heard learned counsel for the petitioner and have gone through I have heard learned counsel for the petitioner and have gone through the record. 5. The contention of the petitioner that pursuant to order dated The contention of the petitioner that pursuant to order dated The contention of the petitioner that pursuant to order dated The contention of the petitioner that pursuant to order dated rections were issued to the learned trial Court for expeditious 02.06.2022 directions were issued to the learned trial Court for expeditious rections were issued to the learned trial Court for expeditious rections were issued to the learned trial Court for expeditious disposal of the application under Order 9 Rule 13 CPC, is not borne out from the disposal of the application under Order 9 Rule 13 CPC, is not borne out from the disposal of the application under Order 9 Rule 13 CPC, is not borne out from the disposal of the application under Order 9 Rule 13 CPC, is not borne out from the record. A reading of the said order reveals that liberty had only been granted to the record. A reading of the said order reveals that liberty had only been granted to the record. A reading of the said order reveals that liberty had only been granted to the record. A reading of the said order reveals that liberty had only been granted to the lication before the trial Court for expeditious disposal, petitioner to move an application before the trial Court for expeditious disposal, lication before the trial Court for expeditious disposal, petitioner to move an app and in the event of such an application being filed, the trial Court was directed to and in the event of such an application being filed, the trial Court was directed to and in the event of such an application being filed, the trial Court was directed to and in the event of such an application being filed, the trial Court was directed to consider the same in accordance with law. There is nothing on record to indicate consider the same in accordance with law. There is nothing on record to indicate consider the same in accordance with law. There is nothing on record to indicate consider the same in accordance with law. There is nothing on record to indicate that the petitioner availed such liberty. that the petitioner availed such 6. Be that as it may, it cannot be ignored that the application under Order Be that as it may, it cannot be ignored that the application under Order Be that as it may, it cannot be ignored that the application under Order Be that as it may, it cannot be ignored that the application under Order 9 Rule 13 CPC has been pending since 21.09.2021, i.e. for nearly four years. The 9 Rule 13 CPC has been pending since 21.09.2021, i.e. for nearly four years. The 9 Rule 13 CPC has been pending since 21.09.2021, i.e. for nearly four years. The 9 Rule 13 CPC has been pending since 21.09.2021, i.e. for nearly four years. The grounds taken in the said application are identical to those already accepted by the grounds taken in the said application are identical to those already accepted by the grounds taken in the said application are identical to those already accepted by the grounds taken in the said application are identical to those already accepted by the al court while allowing the Order 9 Rule 4 CPC application. In these trial court while allowing the Order 9 Rule 4 CPC application. In these al court while allowing the Order 9 Rule 4 CPC application. In these al court while allowing the Order 9 Rule 4 CPC application. In these circumstances, the interest of justice clearly demands that the pending application circumstances, the interest of justice clearly demands that the pending application circumstances, the interest of justice clearly demands that the pending application circumstances, the interest of justice clearly demands that the pending application
Decision
under Order 9 Rule 13 CPC be disposed of at the earliest. under Order 9 Rule 13 CPC be disposed of at the earliest. under Order 9 Rule 13 CPC be disposed of at the earliest. 7. rther attempted to argue on Learned counsel for the petitioner has further attempted to argue on Learned counsel for the petitioner has fu Learned counsel for the petitioner has fu the merits of the application under Order 9 Rule 13 CPC, submitting that the only the merits of the application under Order 9 Rule 13 CPC, submitting that the only the merits of the application under Order 9 Rule 13 CPC, submitting that the only the merits of the application under Order 9 Rule 13 CPC, submitting that the only TRIPTI SAINI 2025.09.11 14:13 I attest to the accuracy and integrity of this document (O&M) CR-6331-2025 (O&M) -3- - question for consideration therein is whether sufficient cause has been shown by question for consideration therein is whether sufficient cause has been shown by question for consideration therein is whether sufficient cause has been shown by question for consideration therein is whether sufficient cause has been shown by the defendant for his non-appearance, and that this requirement i the defendant for his non s to be liberally appearance, and that this requirement is to be liberally construed. However, this Court is unable to accept the said submission in the construed. However, this Court is unable to accept the said submission in the construed. However, this Court is unable to accept the said submission in the construed. However, this Court is unable to accept the said submission in the present proceedings. The merits of the Order 9 Rule 13 CPC application cannot be present proceedings. The merits of the Order 9 Rule 13 CPC application cannot be present proceedings. The merits of the Order 9 Rule 13 CPC application cannot be present proceedings. The merits of the Order 9 Rule 13 CPC application cannot be ending adjudicated in this revision petition, since that very application is already pending adjudicated in this revision petition, since that very application is already p adjudicated in this revision petition, since that very application is already p before the trial Court. The relief sought by the petitioner for setting aside the ex before the trial Court. The relief sought by the petitioner for setting aside the ex before the trial Court. The relief sought by the petitioner for setting aside the ex before the trial Court. The relief sought by the petitioner for setting aside the ex parte judgment and decree is, therefore, not maintainable in the present revision parte judgment and decree is, therefore, not maintainable in the present revision parte judgment and decree is, therefore, not maintainable in the present revision parte judgment and decree is, therefore, not maintainable in the present revision proceedings. Conclusion 8. petition, insofar as In view of the above discussion, the civil revision petition, insofar as In view of the above discussion, the civil revision In view of the above discussion, the civil revision it seeks setting aside of the ex parte judgment and decree dated 07.09.2021, is held it seeks setting aside of the ex parte judgment and decree dated 07.09.2021, is held it seeks setting aside of the ex parte judgment and decree dated 07.09.2021, is held it seeks setting aside of the ex parte judgment and decree dated 07.09.2021, is held to be not maintainable as the application under Order 9 Rule 13 CPC is already to be not maintainable as the application under Order 9 Rule 13 CPC is already to be not maintainable as the application under Order 9 Rule 13 CPC is already to be not maintainable as the application under Order 9 Rule 13 CPC is already ct that the pending before the learned trial Court. However, keeping in view the fact that the pending before the learned trial Court. However, keeping in view the fa pending before the learned trial Court. However, keeping in view the fa said application has been pending for the last four years and that the application said application has been pending for the last four years and that the application said application has been pending for the last four years and that the application said application has been pending for the last four years and that the application under Order 9 Rule 4 CPC filed on similar grounds has already been decided in under Order 9 Rule 4 CPC filed on similar grounds has already been decided in under Order 9 Rule 4 CPC filed on similar grounds has already been decided in under Order 9 Rule 4 CPC filed on similar grounds has already been decided in favour of the petitioner, this Court considers it just and expedient to request the favour of the petitioner, this Court considers it just and expedient to request the favour of the petitioner, this Court considers it just and expedient to request the favour of the petitioner, this Court considers it just and expedient to request the learned trial Court to dispose of the pending application under Order 9 Rule 13 learned trial Court to dispose of the pending application under Order 9 Rule 13 learned trial Court to dispose of the pending application under Order 9 Rule 13 learned trial Court to dispose of the pending application under Order 9 Rule 13 CPC as expeditiously as possible, preferably within a period of four months from CPC as expeditiously as possible, preferably within a period of four months from CPC as expeditiously as possible, preferably within a period of four months from CPC as expeditiously as possible, preferably within a period of four months from the date of receipt of copy of this order. the date of receipt of copy of this order. 9. 10. ition stands disposed of. With these observations, the civil revision petition stands disposed of. With these observations, the civil revision pet With these observations, the civil revision pet Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. September 10, 2025 September 10, 2025 tripti Whether speaking/non Whether speaking/non-speaking : Speaking : Yes/No Whether reportable Whether reportable (MANDEEP PANNU) JUDGE TRIPTI SAINI 2025.09.11 14:13 I attest to the accuracy and integrity of this document