IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 128 CR-2299-2026 Date of Decision:11.03.2026 Rinku …..Pe**oner Vs. Ramesh Kumar .….Respondent CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Piyush Aggarwal, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Civil suit bearing No.CS-804-2017 tled as “Ramesh Kumar vs. Rinku etc. filed by plainff Ramesh Kumar (respondent herein) was dismissed in default vide order dated 18.10.2024 (Annexure P-17) by learned Civil Judge (Senior Division), Jhajjar. Though it is not specifically menoned that the order was under Order IX Rule 8 CPC but as the counsel for the defendant i.e. peoner herein was present, it is obvious that order was under Order IX Rule 8 CPC. Later on, the respondent-plainff moved applicaon (Annexure P-18) for restoraon and without issuing any noce to the defendant i.e. peoner herein, the applicaon for restoraon has been allowed vide order dated 06.01.2026 (Annexure P-19), which is now assailed before this Court. Learned counsel has drawn a<enon towards Order IX Rule 9(2) CPC so as to contend that applicaon for restoraon under Order IX NEETIKA TUTEJA 2026.03.12 13:31 I attest to the accuracy and integrity of this document CR-2299-2026 -2- Rule 9 CPC could not have been considered without issuing noce to the opposite party. However in this case, no noce was served upon the peoner i.e. defendant. There is merit in the contenon. Without issuing any noce to the respondent, lest it may delay the proceedings, the present peon is accepted. The impugned order dated 06.01.2026 (Annexure P-19) is hereby set aside. Trial Court is directed to provide an opportunity to the peoner i.e. defendant of the main suit to file the reply to the applicaon for restoraon and then dispose of the same in accordance with law. Since this order has been passed without issuing any noce to the respondent, he will be at liberty to approach this Court, in case, he feels aggrieved. (DEEPAK GUPTA) JUDGE March 11, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.03.12 13:31 I attest to the accuracy and integrity of this document