Gurjeet Singh vs M/S Kamboj Brothers
2022 Latest Caselaw 2288 P&H

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        In the High Court of Punjab and Haryana, at Chandigarh


                                           Civil Revision No. 1720 of 2020 (O&M)

                                                     Date of Decision: 30.03.2022


Gurjeet Singh
                                                                   ... Petitioner(s)

                                           Versus

M/s Kamboj Brothers
                                                                 ... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:      Mr. Ajay Jain, Advocate
              for the petitioner(s).

              Mr. Harkesh Manuja, Advocate
              for the respondent.

Anil Kshetarpal, J.

1. Vide an impugned order, the Court has refused to set aside the

ex parte judgment and decree passed on 20.09.2018.

2. The learned counsel representing the parties have been heard, at

length. The learned counsel representing the petitioner contends that the

procedure, as prescribed under Order V Rules 17 and 19 CPC, was not

followed before proceeding ex parte against the petitioner. He further

submits that the suit was decree within a period of two months and ten days,

the date of filing of the suit.

3. Per contra, the learned counsel representing the respondent

contends that the petitioner had the knowledge of the pendency of the suit,

as the summons were tendered to his wife, who, on receipt thereof, refused

to sign the same.

4. After addressing the arguments, at some length, the learned 1 of 2

counsel representing the parties have come to a consensus. It has been stated

that let the ex parte judgment and decree, passed on 20.09.2018, be set aside

with a direction to the trial Court to decide the summary suit, filed under

Section 37 CPC, within a period of three months, from the date of their

appearance in the trial Court.

5. It has also been agreed that the order of attachment, passed by

the Executing Court, shall continue to operate, although the ex parte decree

has technically been set aside, till the decision of the suit.

6. With the observations made above, the present revision petition

is disposed of.

7. The parties, through their respective learned counsel are

directed to appear before the trial Court on 04.04.2022.

8. The miscellaneous application(s) pending, if any, shall also

stand disposed of.

(Anil Kshetarpal) Judge March 30, 2022 "DK"

Whether speaking/reasoned :Yes/No Whether reportable : Yes/No

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