GULSHAN KUMAR Vs. MAHENDER SINGH SAMRIWAL

JUDGEMENT

(1.) The petitioner, arrayed as defendant No.10 in Civil Suit No. CS-2556 of 2016 titled "Mahender Singh Samriwal and Another v. State of Haryana and Others" pending before the learned Additional Civil Judge (Senior Division), Gurugram, challenges two orders. The first is the order dtd. 3/11/2022 (Annexure P-7), by which he was proceeded against ex parte. The second is the order dtd. 2/8/2025 (Annexure P-19), dismissing (i) his application under Order IX Rule 7 CPC for setting aside the ex parte order dtd. 3/11/2022, and (ii) a subsequent application seeking adjudication of the earlier application.

(2.) A perusal of the record reveals that in the recovery suit instituted by the plaintiffs (contesting respondents herein), the petitioner first appeared on 19/4/2017. Although he continued to mark presence on several subsequent dates, he did not file any written statement. On 3/11/2022, when neither he nor any authorised representative appeared, the trial Court proceeded against him ex parte, along with similarly situated defendants.

(3.) The petitioner thereafter filed an application on 12/4/2023 under Order IX Rule 7 CPC seeking to set aside the ex parte order. However, on the date fixed for its consideration, i.e., 12/9/2023, he again remained absent. The trial Court recorded that he was "again proceeded ex parte."