HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 79/2024 CM No. 2170/2024 CM No. 2413/2024 Puran Singh and anr. …..Appellant(s)/Petitioner(s) Through: Mr. Sahil Gupta, Advocate vs Surat Singh .…. Respondent(s) Through: Mr. Pranav Sharma, Advocate Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 07.03.2025 1. In the suit filed by the respondents, the petitioners were set ex-parte vide order dated 06.01.2023 passed by the court of Munsiff, Samba (For short ‘the trial court’). Thereafter, a motion was laid by the petitioners for setting aside the ex-parte proceedings, which was opposed by the respondent/plaintiff. After hearing the contesting parties, the learned trial court dismissed the application vide order dated 25.09.2023. After dismissal of the application, the petitioners have invoked jurisdiction of this Court under Article 227 of the Constitution for the purpose of assailing the order dated 25.09.2023 by submitting that there was no proper service of the petitioners. 2. Learned counsel for the petitioners submits that the petitioners had not deliberately absented themselves from the proceedings pending before the learned trial court and as soon as the petitioners, more particularly, Serial No. 12 2 CM(M) No. 79/2024 petitioner No. 2 came to know about the pendency of the suit, they appeared before the trial court. 3. Per contra, Mr. Pranav Sharma, learned counsel for the respondent has argued that the petitioners have not demonstrated good cause for setting aside the ex-parte proceedings and that is why the learned trial court did not accept the application filed by the petitioners for setting aside the ex-parte proceedings initiated on 06.01.2023. 4. Heard learned counsels for the parties and perused the record. 5. The issue which is required to be considered is as to whether the petitioners have demonstrated good cause for remaining absent before the learned trial court when they were proceeded ex-parte. The petitioners have stated that they came to know about the ex-parte proceedings in the last week of May, when they came to meet their counsel for perusing the record of the case titled, ‘Rattan Singh vs. Kaka Ram & ors.’ which was dismissed in the year 2005. Thereafter, they filed an application. 6. This Court will not like to go into the merits or demerits of the claim of the petitioners as this Court is of the considered view that every endeavour should be made for disposal of the lis on merits so that litigation pending between the parties is finally put to rest, as such, this Court deems it proper to permit the petitioners to contest the suit filed by the respondent on merits. Accordingly, the order dated 25.09.2023 is set aside and as a natural consequence of this, the ex-parte proceedings initiated against the petitioners on 06.01.2023 are also set aside, subject to cost of Rs. 20,000/-, to be paid to the respondent 3 CM(M) No. 79/2024 within a period of 30 days from today and within the same period, the petitioners will also file the written statement. 7. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 07.03.2025 Neha-II NEHA KUMARI 2025.03.10 13:19 I attest to the accuracy and integrity of this document