IN TH 126 Smt. Jinde Smt. Surin CORAM: Present:- NIDHI GU plaintiffs- 18.07.2025 Divn.), Ch defendants the order d ex parte, ha vide order this Court Civil Revision No.5960 of 2025 (O & IN THE HIGH COURT OF PUNJA AT CHANDIGAR Civil Revision N Date of decision Jinder Pal Kaur and others Versus Surinder Kaur and others AM:- HON'BLE MS. JUSTICE NI Mr. Divanshu Jain, Advocate w Mr. Arjun Sangwan, Advocate Mr. Abhinav Goel, Advocate Mr. Minkal Rawal, Advocate a Ms. Rashima Sharma, Advoca for the petitioners. Mr. Harinder Singh Aujla, Ad for respondents No.3 and 4. HI GUPTA J. (Oral) The present revision pe -petitioners seeking setting as 7.2025 (Annexure P-28) passed by th .), Chandigarh, whereby the applica dants No.3 and 4 under Order IX Ru rder dated 26.08.2019, vide which th rte, has been allowed. Learned counsel for the petiti order dated 31.07.2024 (Annexure P Court had set aside the order dated O & M) 1 UNJAB AND HARYANA IGARH ion No.5960 of 2025 (O & M) cision :-30.04.2026 …..Petitioners …..Respondents E NIDHI GUPTA ocate with vocate ocate ocate and dvocate la, Advocate ion petition has been filed by the ng aside of the order dated by the learned Civil Judge (Jr. application filed by respondent- IX Rule 7 CPC for setting aside ich they were proceeded against e petitioners submits that earlier, ure P-27), a Co-ordinate Bench of dated 14.05.2024 passed by the VIJAY ASIJA 2026.04.30 18.15 I attest to the accuracy and integrity of this document learned tria Rule 7 CP Court to pa raised by t paragraph 6 directions, passing the findings o submission the core ob before the and the m application a belated st this aspect aforesaid p Civil Revision No.5960 of 2025 (O & ed trial Court, whereby a similar ap 7 CPC had been allowed, with a sp t to pass a fresh, reasoned order after d by the petitioners-plaintiffs. The sai raph 6 of the order dated 31.07.2024, (i) absence of suf appearance of re and 4 on 26.08.20 (ii) maintainability o Order IX Rule 7 proceedings had and (iii) inordinate delay without any praye It is contended that despi tions, the learned Civil Judge (Jr. ng the impugned order dated 18.07.20 ngs on the aforesaid issues and issions of the parties, without adverti ore objections raised by the petitioners It is further submitted that a c re the trial Court that the evidence h the matter was at the stage of argu cation under Order IX Rule 7 CPC w ated stage. However, no finding whats spect as well. Learned counsel for the respon said position and fairly submits that O & M) 2 ilar application under Order IX h a specific direction to the trial r after considering the objections he said objections, as noticed in .2024, were as under: f sufficient cause for non- of respondent-defendants No.3 .08.2019; ility of the application under ule 7 CPC at the stage when the s had substantially progressed; delay in filing the application y prayer for condonation of delay. despite the aforesaid specific (Jr. Divn.), Chandigarh, while .07.2025, has failed to return any and has merely recorded the adverting to or adjudicating upon tioners. a categorical plea was raised nce had already been concluded f arguments, and therefore, the PC was not maintainable at such whatsoever has been recorded on respondents does not dispute the s that he has no objection if the VIJAY ASIJA 2026.04.30 18.15 I attest to the accuracy and integrity of this document matter is re terms of the reflects tha directions material iss with nor h impugned cannot be s position e 18.07.2025 (Jr. Divn.), in complian (Annexure both the pa petition sta of. April 30, 2 Vijay Asija Whether spea Whether Repo Civil Revision No.5960 of 2025 (O & er is remanded to the learned trial Cou s of the order dated 31.07.2024. Heard. A perusal of the impugned cts that the learned trial Court has not tions issued by this Court vide ord rial issues, as delineated in the said nor have any reasoned findings bee gned order, thus, suffers from non ot be sustained in the eyes of law. In view of the above and i ion emerging from the record, th 7.2025 (Annexure P-28) is hereby set a The matter is remanded back ivn.), Chandigarh, who shall pass a fr mpliance with the directions contained exure P-27), after affording adequate the parties. With the aforesaid observati ion stands disposed of. Pending application(s), if any , 2026 r speaking/reasoned Yes / No r Reportable Yes / No O & M) 3 al Court for fresh consideration in ugned order dated 18.07.2025 as not complied with the specific de order dated 31.07.2024. The said order, have not been dealt gs been returned thereupon. The non-application of mind and and in light of the undisputed rd, the impugned order dated y set aside. back to the learned Civil Judge ss a fresh, reasoned order strictly ntained in order dated 31.07.2024 equate opportunity of hearing to servations, the present revision if any, shall also stand disposed ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.04.30 18.15 I attest to the accuracy and integrity of this document