SHADI LAL Vs. SURINDER KUMAR SHARMA

JUDGEMENT

(1.) The sole respondent though stands served for 9/7/2021, however, none has put in appearance on his behalf on 9/7/2021, 16/7/2021, 24/7/2021 and even today i.e. 30/7/2021. Hence, the respondent is ordered to be proceeded ex parte.

(2.) The petitioners' application under Order 9 Rule 13 read with Sec. 151 of the Code of Civil Procedure for setting aside the ex-parte judgment and decree dtd. 5/10/2009 passed in Civil Suit No. 101/2009, has been dismissed by learned Courts below. Hence, the instant petition has been preferred by them under Article 227 of the Constitution of India.

(3.) (i). The civil suit was filed by the respondent against the petitioners for recovery of Rs.2,60,000.00 alongwith interest. Petitioners contested the suit as defendants. The civil suit was initially pending in the Court of learned Civil Judge, Senior Division, Una. It was thereafter transferred to the Court of learned Civil Judge Junior Division Court Noil, Amb, District Una. H.P on account of enhancement in the pecuniary jurisdiction. On 18/9/2009, none appeared for the petitioners in the civil suit, hence, they were proceeded ex-parte. On 5/10/2009, an ex-parte judgment and decree was passed against the petitioners. 3(ii). On 7/10/2010, the petitioners moved an application for setting aside ex-parte judgment and decree dtd. 5/10/2009. The main ground urged was that due to transfer of the civil suit from one Court to another, the petitioners could not keep track of the case. Their application was dismissed by the learned trial Court on 26/12/2018 holding that no sufficient reason had been given by the petitioners for their non-appearance on 18/9/2009 and 5/10/2009. It was also noticed that the application for setting aside ex-parte decree was moved after more than a year from the date of pronouncement of the ex-parte judgment and decree. The order dtd. 26/12/2018 has been affirmed by the learned Additional District Judge-I, Una, on 3/3/2021. It is in this background that the instant petition has been filed by the petitioners challenging the aforesaid two orders dismissing their application moved under Order 9 Rule 13 CPC.