Sandeep Kumar v. Ravinder Kumar and o and others
Case Details
CR-6830-20 2025 -1- IN THE HIG HIGH COURT OF PUNJAB AND HA D HARYANA AT CHANDIGARH 202 CR-6830-2025 Ravinder Ku der Kumar .… Petitioner Date of Decision: 04.12.2025 Versus Sandeep Kum ep Kumar and others .... Respondents CORAM: H M: HON'BLE MS. JUSTICE NIDH NIDHI GUPTA Present: - Ms. Rajni Bala, Advocate for th for the petitioner. Mr. Abhishek Singh, Advocate ocate for respondent No. 1. NIDHI GUP I GUPTA, J. (ORAL) 1. Vakalatnama filed on behalf of on half of respondent No. 1 is taken on record. 2. By way of filing the present / resent revision petition, petitioner/
Legal Reasoning
defendant N ant No. 1 assails the order dated 31.03 ssed 31.03.2022 (Annexure P-4) passed by the learne learned trial Court in Civil Suit bearin uted bearing No. CS-462-2019 instituted on 28.02.20 .02.2019 (Annexure P-3) titled as ‘ nder as ‘Sandeep Kumar vs. Ravinder Kumar and o and others’ whereby the petitioner w ; ner was proceeded against ex parte; and impugn mpugned order dated 09.07.2025 (A the 025 (Annexure P-7) whereby the application d ation dated 22.12.2022 (Annexure P for ure P-5) filed by the petitioner for setting aside side the ex parte order dated 31.03.2 31.03.2022 was also dismissed. 3. Learned counsel for petitioner itioner/defendant No. 1, inter alia, submits that ts that respondent No. 1/plaintiff had had filed Civil Suit (Annexure xure P-3), for declaration. After issuance of the e of notice in the said suit, the petitioner/de ner/defendant No. 1 had appeared thr first red through his counsel for the first time in the s n the said suit on 15.03.2019 and was r the d was regularly appearing before the trial Court on each and every date. Howev dant owever, on 31.03.2022, defendant RISHU KATARIA 2025.12.05 12:12 I attest to the accuracy and authenticity of this order/judgment. CR-6830-20 2025 -2- No. 1 had fa had failed to appear before the learne the learned trial as he had to go to the house of his of his real sister on account of seriou f the serious condition of daughter of the petitioner’s ner’s sister. Accordingly, vide impu impugned order dated 31.03.2022 (Annexure xure P-4) the learned trial Court ourt had proceed the petitioner/ defendant N ant No. 1 as ex parte. Feeling aggriev o. 1 ggrieved, petitioner/defendant No. 1 had filed an led an application dated 22.12.2022 (A also 022 (Annexure P-5), which was also dismissed by sed by the learned trial Court vide a ated e another impugned order dated 09.07.2025 ( 2025 (Annexure P-7). Learned couns oner counsel submits that the petitioner would be ser be seriously prejudiced, if he is not ings allowed to join the proceedings and put forth t forth his case by filing written statem yed statement. It is accordingly, prayed that the imp e impugned orders dated 31.03.2022 3.2022 and 09.07.2025 (Annexures ures P-4 and P-7, 7, respectively) may be set aside a aside and petitioner/defendant No. 1 may be perm permitted to join the proceedings a only ings and also may be granted only one effective fective opportunity to file written stat t of n statement, subject to payment of reasonable c able costs. 4.
Legal Reasoning
Per Contra, learned counsel ap o. 1 sel appearing for respondent No. 1 vehemently ently opposes the submissions advanc ner. dvanced on behalf of the petitioner. Learned cou ed counsel submits that after the peti e petitioner was proceeded against ainst ex parte, the , the plaintiff/respondent No. 1 had ence 1 had concluded his entire evidence in Decembe cember, 2022; and the case is now rte is now at the stage of ex parte arguments. ents. The petitioner had filed the ap for the application (Annexure P-5) for setting asid aside the order dated 31.03.2022 3.2022, just to prolong the trial. trial. Further, it r, it is submitted that while issuin issuing notice of motion in the the present case case vide order dated 25.09.2025 this .2025, a co-ordinate Bench of this Court direct directed the petitioner to join the pr rned the proceedings before the learned trial Court a ourt at the stage where the proceeding itted eedings are pending. It is submitted RISHU KATARIA 2025.12.05 12:12 I attest to the accuracy and authenticity of this order/judgment. CR-6830-20 2025 -3- that although though, the petitioner has joined the p rned the proceedings before the learned trial Court, ourt, but still on subsequent on 03 the on 03 dates of hearing before the learned tria d trial Court i.e. 01.10.2025, 17.1 the , 17.11.2025 and 21.11.2025, the petitioner ha ner has again failed to file his writte the written statement and reply to the stay applicat pplication, and now the case is fixed fixed for tomorrow i.e. 05.12.2025 for the said e said purpose. It is accordingly, pra sion ly, prayed that the present revision petition may n may be dismissed. 5. Learned counsel for responden r in pondent No. 1 has handed over in Court copy copy of case status as well as copy 025, s copy of order dated 17.11.2025, passed by th by the learned trial Court, which are t h are taken on record. 6. I have heard learned counsel ully unsel for the parties and carefully perused the r d the record. 7. On the last date of hearing i. uing ring i.e. 25.09.2025, while issuing notice of mo of motion, following order has been p nch been passed by a co-ordinate Bench of this Court Court:- Petitioner vide this revis “ dated 31.03.2022 passed in th 09.07.2025 vide which his app parte order dated 31.03.202 petitioner assails the order on taken care of the fact that petiti and further that while disposing aside order the learned Co permission to the petitioner to stage where the proceedings we Notice of motion for 04.1 In the meantime the pet proceedings before the learne where the proceedings are p order shall remain stayed.” er revision petition assails the order ed in the civil suit and order dated application for setting aside ex- he .2022 has been dismissed. The on the ground that Court has not rly petitioner was not served properly osing of the application for setting ed Court has not even granted he er to join the proceedings at the s were pending at that stage. 04.12.2025. petitioner is allowed to join the he arned Civil Court at the stage ge al pending. Passing of the final 8. Perusal of the record reveals th ntiff eals that respondent No. 1/plaintiff had filed Ci led Civil Suit (Annexure P-3), for d e of , for declaration. After issuance of notice in th in the said suit, the petitioner/def ared er/defendant No. 1 had appeared RISHU KATARIA 2025.12.05 12:12 I attest to the accuracy and authenticity of this order/judgment. CR-6830-20 2025 -4- through his h his counsel for the first time in the and in the said suit on 15.03.2019 and was regularl egularly appearing before the trial Co ate. rial Court on each and every date. However, on ver, on 31.03.2022, defendant No. 1 h the o. 1 had failed to appear before the learned trial d trial Court and was proceeded aga ned gainst ex parte vide impugned order (Anne (Annexure P-4). The application (An for n (Annexure P-5) filed by the for setting aside aside ex parte order dated 31.03.202 the .03.2022 was also dismissed by the learned trial d trial Court vide order dated 09 by 09.07.2025 (Annexure P-7) by observing th ing therein that the petitioner had faile ent d failed to file his written statement for almost 0 ost 03 years i.e. w.e.f. 15.03.2019 (d the 019 (date of first appearance of the petitioner b ner before the learned trial Court) e of Court) up to 31.03.2022 (date of impugned ed ex parte order); and the present him resent application was filed by him just to prolon prolong the trial. 9. This Court is well aware of th by e of the dilatory tactics adopted by litigants in o ts in order to delay the matter to the d y. A o the detriment of the other party. A perusal of th l of the application dated 22.12.202 the .2022 (Annexure P-5), filed by the petitioner fo for setting aside the ex parte order xure order dated 31.03.2022 (Annexure P-4) shows t hows that no sufficient reasons have be r for ave been given by the petitioner for setting asid aside the said order. However, ove ever, notwithstanding the above discussion, , it is my view that ends of justice oner ustice would be met if the petitioner is permitted mitted to join the proceedings and ent and to file his written statement subject to p t to payment of costs and no pre to o prejudice would be caused to respondent dent No. 1/plaintiff in case the suit after he suit is decided on merits, after affording a p ing a proper opportunity to contest th ned test the same. Thus, the impugned orders 31.03 31.03.2022 and 09.07.2025 (Annexu nnexures P-4 and P-7, respective) are set asid aside. The petitioner/defendant No tive No. 1 is granted one effective opportunity tunity to submit his written statement, ts of ement, however, subject to costs of RISHU KATARIA 2025.12.05 12:12 I attest to the accuracy and authenticity of this order/judgment. CR-6830-20 2025 -5- ₹30,000/-to to be paid by him directly to respo in a respondent No. 1/plaintiff within a period of 02 of 02 weeks from today before the iling re the learned Trial Court, failing which, the p , the present petition shall be deemed t emed to be dismissed. 10. 11. The instant revision petition is is allowed, in the above terms. Pending application(s), if any, s
Decision
any, shall also stand disposed of.(cid:1) 2025 04.12.2025 rishu ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2025.12.05 12:12 I attest to the accuracy and authenticity of this order/judgment.