Rachita vs Sushma Aggarwal And Others

Bipin Chander Negi, J

The present petition has been filed by the petitioner seeking quashing of impugned order dated 25.08.2023, passed by learned Senior Civil Judge, Court, No.1, Shimla, in CMA No.2427 of 2023 (Case No.900147/11), titled Sushma Aggarwal vs. Ramesh Chand Aggarwal and others, whereby an application under Order 9 Rule 7 read with Section 151 CPC, has been dismissed.

I see no legal infirmity in the impugned order passed by the learned trial Court.

The issue in question is squarely covered by the binding judgment delivered by this Court in CWPOA No.147 of 2021, titled Judhya Devi deceased through her Legal Representatives and others vs. Chotta Ram, decided on 16.03.2022. The relevant extract of the same is being reproduced herein below:-

“11. There is no Article in the Limitation Act providing any specific period of limitation for filing an application under Order 9 Rule 7 of the Code and, therefore, such application is to be governed by the residuary Article 137 which prescribes a period of three years.

Now that it is settled that limitation for filing an application for setting aside the ex parte order is three years, the moot question is whether an application seeking setting aside ex parte order dated 08.06.2015 that was filed more than four years back i.e. 05.08.2019 that too without any application for condonation of delay could have been entertained much less decided by the learned trial Court, that is for the reasons as already reproduced above, the answer to the question is in the negative.”

The present controversy was previously decided by this Court in CMPMO No.44 of 2023, titled Sushma Aggarwal vs. Ramesh Chand Aggarwal & Ors., vide judgment dated 06.07.2023, wherein a direction was issued to the learned trial Court to decide the matter expeditiously and preferably within a period of three months.

In view of above, present petition is disposed of. No order as to costs. Interim order stands vacated. Parties through their learned counsel are directed to appear before the trial Court on 07.11.2023.

Pending miscellaneous application(s), if any, shall also stand disposed of.