Punjab-Haryana High Court
Pammi Alias Baljinder Kaur vs Gurmail Singh And Others on 7 May, 2024
Neutral Citation No:=2024:PHHC:064639
CM-7067-CII-2024 in/and CR No. 849 of 2024(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM-7067-CII-2024 in/and
CR No.849 of 2024(O&M)
DATE OF DECISION: 07.05.2024
Pammi @ Baljinder Kaur ............Petitioner
VERSUS
Gurmail Singh and others ..............Respondents
CORAM HON'BLE MR. JUSTICE GURBIR SINGH
Present Mr. Tushar Sharma, Advocate,
for applicants-respondents no.1 to 3.
Mr.Sandeep Siwach and Mr. Virat Rana, Advocates,
for the non applicant-petitioner.
***
GURBIR SINGH, J
CM-7067-CII-2024
This is an application seeking vacation of stay granted by this Court vide
order dated 13.02.2024.
Since, with the consent of both the counsel for the parties, the main case
is being taken up on board today itself and is being decided, therefore, the present
application is disposed off as having not pressed.
With the consent of both the counsel for the parties, the main case is
taken up on board today itself.
1. Challenge in this revision petition is to the order dated 23.01.2024
(Annexure P-9), whereby application moved by the petitioner for setting aside the
exparte order dated 08.01.2024 has been dismissed but petitioner has been allowed to
join the proceedings.
2. Parties are being addressed by their status in the original plaint.
1 of 3
Neutral Citation No:=2024:PHHC:064639
CM-7067-CII-2024 in/and CR No. 849 of 2024(O&M) -2-
3. Learned counsel for the petitioner contends that on 15.09.2023, the
plaintiff Sukhwinder Kaur openly declared in the village that she alongwith her
children had filed a Court case at Barnala against Jagsir Singh including the petitioner
regarding the land situated at Rureke Kalan and soon she would get a Court order in
her favour, then the petitioner came to the Court and engaged her counsel and came to
know about the pendency of the case. Exparte Order dated 13.02.2017 was passed on
account of her non appearance. She never received summons. Plaintiff managed to get
false report on the process and got her proceeded against exparte. Petitioner moved an
application for setting aside the exparte proceedings vide order dated 06.10.2023. The
same was allowed subject to payment of costs of Rs.25,000/- and petitioner was
allowed to join the proceedings. Petitioner joined the proceedings, paid the costs and
written statement was filed. One PW was fully examined and case was adjourned for
remaining evidence of the petitioner but vide order dated 08.01.2024, the petitioner
was proceeded against exparte. Non appearance of the petitioner was neither
intentional nor wilful. Petitioner could not appear due to wrong noting of date.
Moreover, none of the prosecution witnesses was examined thereafter. The petitioner
neither receive any phone call from the Reader of the Court nor received any
intimation regarding fixing of the case.
3. Learned counsel for the respondents has argued that petitioner
intentionally failed to appear before the trial Court, who is justified in dismissing the
application.
4. I have heard the submissions of the learned counsel for the parties.
5. It is well settled law that Courts are meant to impart justice to the parties
and parties should also be given full opportunity to prove their case. It is a specific
case of the petitioner/defendant no.3 that due to wrong noting of the date. The
petitioner could not appear in the Court and the petitioner/defendant no.3 was not to
gain anything but to delay the proceedings of the case. The petitioner, on coming to
2 of 3
Neutral Citation No:=2024:PHHC:064639
CM-7067-CII-2024 in/and CR No. 849 of 2024(O&M) -3-
know that she was proceeded against exparte, immediately moved the application for
setting aside the same. Petitioner must be given an opportunity to defend the case.
6. Keeping in view the above, the instant revision petition is allowed and
the impugned order dated 23.01.2024 (Annexure P-9) whereby application moved by
the petitioner for setting aside the exparte order dated 08.01.2024 has been dismissed
but petitioner has been allowed to join the proceedings, is hereby set aside. Parties
through their counsel are directed to appear before the learned trial Court on
13.05.2024.
7. Since the case is old, so none of the parties would seek adjournment on
any ground and Court shall ensure that no unnecessary adjournment shall be granted
in the case and case be disposed off as expeditiously as possible.
8. Pending applications, if any, shall stand disposed of along with this
judgment.
07.05.2024 (GURBIR SINGH)
mamta JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
3 of 3
