WPMS/2388/2025
2025 Latest Caselaw 2673 UK

Citation : 2025 Latest Caselaw 2673 UK
Judgement Date : 22 August, 2025

Uttarakhand High Court

WPMS/2388/2025 on 22 August, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

             Office Notes, reports, orders or
SL.          proceedings or directions and
      Date                                                                   COURT'S OR JUDGES'S ORDERS
No                Registrar's order with
                       Signatures




                                                WPMS No.2388 of 2025
                                                Hon'ble Pankaj Purohit, J.

Mr. Nagesh Aggarwal, learned counsel for the petitioners-plaintiffs.

2. By means of the present writ petition under Article 227 of the Constitution of India, petitioners have put to challenge the order dated 09.07.2025 passed by learned 3rd Additional Civil Judge (S.D.), Dehradun in Misc. Case No.61 of 2024, whereby the ex-parte decree dated 27.05.2022 in Original Suit No.85 of 2020 has been set-aside.

3. It is contended by the learned counsel for the petitioners-plaintiffs that the order setting aside the ex- parte judgment is wholly illegal and contrary to the facts of the case, as the respondent-defendant has taken the plea that he did not receive notice of the suit. Therefore, the case was wrongly proceeded ex-parte against him.

4. Learned counsel for the petitioners-plaintiffs has satisfied this Court from the record that the notice of the execution proceedings was also sent to the same address, i.e., 'Shri Subhash Chandra, S/o Shri Harva, R/o 145, Patel Nagar, Dehradun,' and pursuant to this notice, the respondent-defendant entered appearance in the execution proceedings. Therefore, he is not justified in claiming that the summons of the suit was sent to the wrong address, as it was, in fact, sent to the same address.

5. Issue notice to the respondent-defendant, returnable within six weeks.

6. Steps to be taken within seven days.

7. List on 10.11.2025.

8. Till the next date of listing, further proceedings of O.S. No.85 of 2020, Aadesh Kumar Gupta & another vs. Subhash Chand, pending in the court of learned 5th Additional Civil Judge (S.D.), Dehradun shall remain stayed.

9. Interim relief application (IA No.1/2025) stands disposed of accordingly.

(Pankaj Purohit, J.) 22.08.2025 AK