Vinod Kumar Alias Raju vs Gurbachan Kaur Since Deceased ...
2023 Latest Caselaw 14824 P&H

                                                              Neutral Citation No:=2023:PHHC:114778




Neutral Citation Number                                     2023:PHHC:114778
Page No.                                      -:1:-
Case Number                                                   CR-2484-2023



            IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                      CR-2484-2023
                                                      Date of Decision:-01.09.2023

VINOD KUMAR ALIAS RAJU
                                                                         ... Petitioner(s)
                                      Versus
GURBACHAN KAUR SINCE DECEASED THROUGH LRS
                                                                       ... Respondent(s)
                -.-


CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH

                -.-

Present:-       Mr. Vaibhav Sehgal, Advocate
                for the petitioner(s).

                Mr. Swarn Singh Tiwana, Advocate
                for the respondent.
                -.-

KARAMJIT SINGH, J. (Oral)

1. As per the report submitted by the trial Court in compliance of

previous order, initially the application filed under Order 9 Rule 13

CPC filed by the petitioner was allowed and ex-parte judgment and

decree dated 3.6.2011 was set aside vide order dated 1.11.2016. But

later on, keeping in view the conduct of the petitioner, the Court

concerned passed order to consign the main file and file of application

for setting aside ex-parte judgment and decree dated 3.6.2011

separately, meaning-thereby that the order dated 1.11.2016 was

automatically set aside and judgment and decree dated 3.6.2011 stood

restored.

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                                                               Neutral Citation No:=2023:PHHC:114778




Neutral Citation Number                                     2023:PHHC:114778

Case Number                                                   CR-2484-2023

2. On query being put to the counsel for the petitioner, he submits that

order dated 1.11.2016 was subject to payment of cost and cost was

also deposited and after the setting aside of aforesaid judgment and

decree, the trial Court adjourned the case for filing written statement

on behalf of the respondent as is evident from dated 6.11.2016

(Annexure P-5).

3. It is amply clear that order dated 1.11.2016 has attained finality and as

such the ex-parte judgment dated 3.6.2011 is no more in existence.

This fact has not been disputed even by the counsel appearing for the

respondents.

4. It being so, the impugned orders (Annexures P-6 and P-8) passed by

the Executing Court based on aforesaid ex-parte judgment and decree

dated 3.6.2011 are totally illegal and are accordingly hereby set aside.

5. Consequently present civil revision petition is allowed and the

execution application, pending if any, on the basis of aforesaid ex-

parte judgment and decree dated 3.6.2011 also stands dismissed.

6. However taking into consideration the fact that the civil suit was filed

in the year 2008, the trial Court is directed to expedite the trial and to

dispose of the suit preferably within a period of next 8 months.

                                                         ( KARAMJIT SINGH)
01.09.2023                                                   JUDGE
Gaurav Sorot

                          Whether reasoned / speaking?      Yes / No
                          Whether reportable?               Yes / No




                                                              Neutral Citation No:=2023:PHHC:114778

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