Manjit Singh vs Sumit Jain
2024 Latest Caselaw 20621 P&H

Punjab-Haryana High Court

Manjit Singh vs Sumit Jain on 20 November, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                 Neutral Citation No:=2024:PHHC:151553




CR-5231-2023(O&M)                        1

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH
                      ***

                                                CR-5231-2023(O&M)
                                                Date of decision : 20.11.2024

Manjit Singh

                                                      ... Petitioner

                    Versus

Sumit Jain

                                                      ... Respondent

CORAM:       HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. Sunny K. Singla, Advocate
             for the petitioner.

             Mr.Anil Kumar Garg, Advocate
             for the respondent.

VIKAS BAHL, J.(ORAL)

1. This is a Civil Revision Petition filed under Article 227 of the

Constitution of India for setting aside the order dated 17.07.2023 passed by

the Civil Judge (Jr.Div.), Malerkotla (Annexure P-6) vide which the

application for staying the execution proceedings till the decision of

application under Order 9 Rule 7 and 13 CPC read with Section 151 CPC

filed by the petitioner has been dismissed.

2. On 11.09.2023, a Coordinate Bench of this Court was pleased

to pass the following order:-

"Present: Mr. Sunny K. Singla, Advocate for the petitioner(s).

****

1. Present revision petition has been filed by the defendant

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Neutral Citation No:=2024:PHHC:151553

(petitioner herein) against the order dated 17.07.2023, whereby, the application for staying the execution proceedings during the pendency of the application under Order 9 Rule 7 & 13 CPC, has been dismissed.

2. Counsel for the petitioner submits that during the proceedings of the suit, petitioner (defendant) was never served, and thus, could never appear. Resultantly, said suit was decreed ex-parte against him on 17.03.2022. Thereafter, on 12.04.2023, petitioner came to know of the exparte judgment and decree, and immediately thereafter, he moved an application under Order 9 Rule 7 & 13 CPC, for setting aside of the ex-parte order. Said application is still pending adjudication.

3. Counsel further submits that he was proceeded ex-parte by the Trial Court on 13th December 2021 i.e. during the period of COVID-19 pandemic.

4. Notice of motion for 01.02.2024.

Process dasti as well.

Meanwhile, Executing Court is directed to adjourn its proceedings beyond the date fixed before this Court.

However, it will be upon the Court below dealing with the application under Order 9 Rule 7 & 13 CPC, to proceed with the same, and if possible to decide also."

3. Learned counsel appearing for the contesting respondent-

decree holder has filed CM-16513-CII-2024 praying that the application

filed by the present petitioner under Order 9 Rule 7 and 13 read with

Section 151 CPC be decided in a time bound manner.

4. Learned counsel for the petitioner as well as learned counsel

for the respondent have jointly submitted that the present petition as well as

CM-16513-CII-2024 be disposed of by directing the Court hearing the

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Neutral Citation No:=2024:PHHC:151553

application under Order 9 Rule 7 and 13 read with Section 151 CPC to

decide the same as expeditiously as possible. It has further been prayed that

till the time, the said application is decided, the proceedings in the

execution application be remain stayed.

5. In view of the joint statement made by learned counsel for the

parties, the revision petition as well as CM-16513-CII-2024 are disposed of

with the following directions:-

i) The trial Court is requested to decide the application

filed by the present petitioner under Order 9 Rule 7 and 13 read

with Section 151 CPC as expeditiously as possible. The

counsel appearing for the parties are also requested to fully

assist the Court in expedite disposal of the said application

under Order 9 Rule 7 and 13 read with Section 151 CPC.

ii) Till the time the said application is disposed of, the

proceedings before the Executing Court shall remain stayed.

The grant of stay should not be construed as an expression on

the merits of the case and it would be open to both the parties

to raise all the pleas which are available to them in the

proceedings under Order 9 Rule 7 and 13 read with Section 151

CPC and the Court would decide the same independently, in

accordance with law.

(VIKAS BAHL) JUDGE November 20, 2024.

Davinder Kumar
                 Whether speaking / reasoned                         Yes/No
                 Whether reportable                                  Yes/No
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