209/1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2355-2020 (O&M) DATE OF DECISION : 29.08.2025 HARINDER SINGH AND ANOTHER ... PETITIONERS V/S RAJINDER KAUR AND ANOTHER ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Vikas Gupta, Advocate for the petitioners. Mr. Amit Arora, Advocate for the respondents. * * * PARMOD GOYAL , J. (ORAL) Petitioners are aggrieved by the impugned order dated 18.07.2020 (Annexure P-4) passed by Civil Judge (Senior Division), Tarn Taran whereby application for condonation of delay preferred by respondents – defendants along with application under Order 9 Rule 13 CPC read with Section 151 CPC was allowed without any notice to the petitioners – plaintiffs. 2. Perusal of the impugned order dated 18.07.2020 clearly shows that, without issuing any notice to the plaintiffs, application under Section 5 of Limitation Act preferred by defendants along their application under Order 9 Rule 13 CPC was allowed. Thereafter, notices were issued to petitioners/plaintiffs Harinder Singh and Harshinder Singh through electronic mode and E-mail for 04.08.2020. The order dated 18.07.2020 is, therefore, not sustainable and passed in breach of principles of natural justice and basic principle that no party can be condemned unheard. 3. The impugned order dated 18.07.2020 passed by Civil Judge JANKI BHATT 2025.09.04 19:17 I attest to the accuracy and integrity of this document High Court Chandigarh CR-2355-2020 (O&M) -2- (Senior Division), Tarn Taran is, accordingly, set aside. Revision petition is allowed. The plaintiffs – petitioners shall file their reply within two effective opportunities to application for condonation of delay and application under Order 9 Rule 13 CPC and, thereafter, application for condonation of delay as well as setting aside the ex parte order be decided in accordance with law by the Court of First Instance. 29.08.2025 (PARMOD GOYAL) Janki JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JANKI BHATT 2025.09.04 19:17 I attest to the accuracy and integrity of this document High Court Chandigarh