Malkit Singh vs M/S Amandeep And Co. And Anr
2022 Latest Caselaw 1845 P&H

  106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                    CHANDIGARH

                                              CR-4220-2016 (O&M)
                                              Date of decision: 21.03.2022
Malkit Singh

                                               ....Petitioner

            Versus

M/s Amandeep and Company and another
                                              ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Tekwinder Singh Rai, Advocate for the petitioner

Mr. Rahul Sharma, Advocate for the respondents

ANIL KSHETARPAL, J (Oral)

Through this revision petition filed under Article 227 of the

Constitution of India, the petitioner (judgment debtor) prays for setting

aside of the order dated 12.05.2016 as well as order dated 21.03.2016.

An application under Order 9 Rule 13 of Code of Civil Procedure, 1908,

filed by the petitioner has been dismissed by both the courts below. It is

undisputed that the petitioner entered appearance on 09.03.2007 through

his counsel in a suit for grant of decree of recovery. He was proceeded

ex parte on 06.10.2007. The suit was decreed on 08.06.2011. The

petitioner claims that he came to know of the ex parte judgment and

decree on 09.04.2015 and the application under Order 9 Rule 13 of Code

of Civil Procedure, 1908, was filed on 02.07.2015. No application for

condoning the delay has been filed. Furthermore, there is no explanation

as to what steps were taken by the petitioner after engaging the counsel

on 09.03.2017. There is no explanation for a period of nearly 8 ½ years.

In these circumstances, no ground to interfere with the concurrent orders

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passed by the courts below is made out.

Hence, dismissed.

All the pending miscellaneous applications, if any, are also

disposed of.

21.03.2022                                       (ANIL KSHETARPAL)
rekha                                                 JUDGE
Whether speaking/reasoned :         Yes/No
Whether reportable :                Yes/No




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