Subhash Chand and another Subhash Chand and another v. Sunder and another Sunder and another
Case Details
CR-6111-2022 (O&M) 2022 (O&M) [1] ] 149 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-6111-2022(O&M) Date of Decision: 25.09.2025 Date of Decision: 25.09.2025 Subhash Chand and another Subhash Chand and another ........ Petitioners Versus Sunder and another Sunder and another ......... Respondents CORAM:
Legal Reasoning
HARKESH MANUJA HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr.Rakesh Sobti, Advocate Mr.Rakesh Sobti, Advocate for the petitioners. Mr.Lekh Raj Sharma, & Ms.Shagun, Advocate for the respondents. **** HARKESH MANUJA, J. (ORAL) HARKESH MANUJA, J. (ORAL) By way of present revision petition challenge has been By way of present revision petition challenge has been By way of present revision petition challenge has been 05.07.2018 passed by the Court of learned Civil laid to an order dated 05.07.2018 passed by the Court of learned Civil 05.07.2018 passed by the Court of learned Civil laid to an order dated Palwal; whereby an application filed under Judge (Senior Division), Palwal; whereby an application filed under Palwal; whereby an application filed under Judge (Senior Division), parte Order 9 Rule 13 CPC seeking setting aside of the ex-parte Order 9 Rule 13 CPC seeking setting aside of the Order 9 Rule 13 CPC seeking setting aside of the proceedings carried out against petitioners/ defendants vide order proceedings carried out against petitioners/ defendants vide order proceedings carried out against petitioners/ defendants vide order proceedings carried out against petitioners/ defendants vide order dated 05.11.2015 passed by the learned trial Court dated 05.11.201 has been passed by the learned trial Court has been dismissed. dismissed. 2. Briefly stating, based on an agreement to sell dated Briefly stating, based on an agreement to sell dated Briefly stating, based on an agreement to sell dated 03.10.2008 relating to 6.66 marlas (200 sq. yards of land) situated in 03.10.2008 relating to 6.66 marlas (200 sq. yards of land) situated in 03.10.2008 relating to 6.66 marlas (200 sq. yards of land) situated in 03.10.2008 relating to 6.66 marlas (200 sq. yards of land) situated in Panchwati Colony, Tehsil and District Pawal, respondents filed a suit Panchwati Colony, Tehsil and District Pawal, respondents filed a suit Panchwati Colony, Tehsil and District Pawal, respondents filed a suit Panchwati Colony, Tehsil and District Pawal, respondents filed a suit itioners/ for possession by way of specific performance against the petitioners/ for possession by way of specific performance against the pet for possession by way of specific performance against the pet defendants. As per the records, the suit was presented before the defendants. As per the records, the suit was presented before the defendants. As per the records, the suit was presented before the defendants. As per the records, the suit was presented before the SANJAY GUPTA 2025.09.29 09:12 I attest to the accuracy and integrity of this document CR-6111-2022 (O&M) 2022 (O&M) [2] ] learned trial Court on 15.10.2015, whereupon notices were issued to learned trial Court on 15.10.2015, whereupon notices were issued to learned trial Court on 15.10.2015, whereupon notices were issued to learned trial Court on 15.10.2015, whereupon notices were issued to the petitioners/ defendants the petitioners/ defendants the petitioners/ defendants the petitioners/ defendants for 05.11.2015. The petitioners/ for 05.11.2015. The petitioners/ for 05.11.2015. The petitioners/ for 05.11.2015. The petitioners/ 1.2015 on defendants were proceeded against ex-parte on 05.11.2015 on defendants were proceeded against ex defendants were proceeded against ex appearance. An application for setting aside of account of their non-appearance. An application for setting aside of appearance. An application for setting aside of account of their non parte proceedings was filed by the petitioners on 19.01.2017, the ex-parte proceedings was filed by the petitioners on 19.01.2017, parte proceedings was filed by the petitioners on 19.01.2017, parte proceedings was filed by the petitioners on 19.01.2017, earned which was opposed at the instance respondents/plaintiffs. Learned which was opposed at the instance respondents/plaintiffs which was opposed at the instance respondents/plaintiffs ejected the prayer made in trial Court vide order dated 05.07.2018 rejected the prayer made in trial Court vide order dated 05.07.2018 r trial Court vide order dated 05.07.2018 r the application filed by the petitioners. the application filed by the petitioners. 3. and gone I have heard learned counsel for the parties and gone I have heard learned counsel for the through the paper-book. through the paper 4. As a matter of fact, the civil suit in question is still pending As a matter of fact, the civil suit in question is still pending As a matter of fact, the civil suit in question is still pending rial Court. A perusal of the record adjudication before the learned trial Court. A perusal of the record rial Court. A perusal of the record adjudication before the learned t petitioner No.2/defendant No.2 was purportedly served on shows that petitioner No.2/defendant No.2 was purportedly served on petitioner No.2/defendant No.2 was purportedly served on shows that the 17.10.2016, however, the report of service nowhere reflects the 17.10.2016, however, the report of service nowhere reflects 17.10.2016, however, the report of service nowhere reflects signature of petitioners thereupon. Despite signature of petitioners thereupon , the learned . Despite the said fact, the learned on to record that the summons attached with the file trial Court went on to record that the summons attached with the file on to record that the summons attached with the file trial Court went show the signatures of petitioners/ defendants show the signatures of petitioners/ without defendants and that too without on this affording any opportunity to the parties to lead their evidence on this affording any opportunity to the parties to lead their evidence affording any opportunity to the parties to lead their evidence . Once the factum of alleged signatures over the summons aspect. Once the factum of alleged signatures over the summons . Once the factum of alleged signatures over the summons . Once the factum of alleged signatures over the summons in disputed by petitioner No.2, before recording any finding in disputed by petitioner No.2, before recording any finding was even disputed by petitioner No.2, before recording any finding , the learned trial Court was required to frame issues and this regard, the learned trial Court was required to frame issues and , the learned trial Court was required to frame issues and this regard also grant opportunity to the parties to prove their respective stand. also grant opportunity to the parties to prove their respective stand. also grant opportunity to the parties to prove their respective stand. also grant opportunity to the parties to prove their respective stand. rder will cause serious Even otherwise, upholding of the impugned order will cause serious Even otherwise, upholding of the impugned o Even otherwise, upholding of the impugned o prejudice to the rights of the petitioners as they will not be able to put- prejudice to the rights of the petitioners as they will not be able to put prejudice to the rights of the petitioners as they will not be able to put prejudice to the rights of the petitioners as they will not be able to put forth any defence to the claim set up by respondents. forth any defence to the claim set up by respondents. forth any defence to the claim set up by respondents. SANJAY GUPTA 2025.09.29 09:12 I attest to the accuracy and integrity of this document CR-6111-2022 (O&M) 2022 (O&M) [3] ] 5. Accordingly, by adopting a pragmatic approach rather Accordingly, by adopting a pragmatic approach rather Accordingly, by adopting a pragmatic approach rather than being hyper-technical, the revision petit than being hyper ion is allowed. Impugned technical, the revision petition is allowed. Impugned order dated 05.07.2018 passed by learned Civil Judge (Senior order dated 05.07.2018 passed by learned Civil Judge (Senior order dated 05.07.2018 passed by learned Civil Judge (Senior order dated 05.07.2018 passed by learned Civil Judge (Senior set aside. The petitioners/ defendants are Division), Palwal is thus set aside. The petitioners/ defendants are set aside. The petitioners/ defendants are Division), Palwal is permitted to participate in the proceedings arising out of Civil Suit permitted to participate in the proceedings arising out of Civil Suit permitted to participate in the proceedings arising out of Civil Suit permitted to participate in the proceedings arising out of Civil Suit No.816 of 2015, titled as ‘ 816 of 2015, titled as ‘Shri Sunder and another Vs. Shri i Sunder and another Vs. Shri i Sunder and another Vs. Shri from the stage they were proceeded Subhash Chand and another’ from the stage they were proceeded from the stage they were proceeded Subhash Chand and another against ex- -parte. 6. The petitioners undertake to file their written statement The petitioners undertake to file their written statement The petitioners undertake to file their written statement within 30 days from today, which shall, however, be subject to within 30 days from today, which shall, however, be subject to within 30 days from today, which shall, however, be subject to within 30 days from today, which shall, however, be subject to payment of cost of Rs.10000/- to be deposited with payment of cost of Rs.10000/ Punjab State to be deposited with Punjab State Disaster Relief Fund, having Account No. Legal Services Authority- Disaster Relief Fund, having Account No. Disaster Relief Fund, having Account No. Legal Services Authority 6937384, IFSC Code: SBIN0014656 with State Bank of India, 44426937384, IFSC Code: SBIN0014656 with State Bank of India, 6937384, IFSC Code: SBIN0014656 with State Bank of India, 6937384, IFSC Code: SBIN0014656 with State Bank of India, Sector 68, SAS Nagar, Mohali. Sector 68, SAS Nagar, Mohali. 7. However, considering the fact that for the past 10 years, However, considering the fact that for the past 10 years, However, considering the fact that for the past 10 years, in the respondents/ plaintiffs are suffering on account of delay in the respondents/ plaintiffs are suffering on account of delay the respondents/ plaintiffs are suffering on account of delay adjudication of their suit, the learned t adjudication of their suit rial Court is requested to , the learned trial Court is requested to expedite the proceedings in the suit and conclude the same within 08 expedite the proceedings in the suit and conclude the same within 08 expedite the proceedings in the suit and conclude the same within 08 expedite the proceedings in the suit and conclude the same within 08 months from today. months from today. 8. Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand Pending misc. application(s), if any, shall also stand
Decision
disposed of. disposed of. 25.09.2025 25.09.2025 sanjay SANJAY GUPTA 2025.09.29 09:12 I attest to the accuracy and integrity of this document ( HARKESH MANUJA ) JUDGE er speaking/reasoned Whether speaking/reasoned Yes/No Whether Reportable Whether Reportable Yes/No