Himachal Pradesh High Court Dismissed an Alleged Ex Parte Order

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Case: Prem Singh versus Narender Nath Attri 

Coram: Mr Justice Sandeep Sharma

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In the case, a petition was filed to challenge an order where the petitioner was preceded against ex parte in the execution proceedings. He prayed to the Court to quash the order claiming it to be biased. The Court dismissed the petition as it was not as per the relevant provisions of law.

Brief facts of the case

Orders dated 30.10.2018 and 25.3.2019 were made against the petitioner in a judgement in a previous petition filed No. 69/10 of 2018.

The judgement made against him was challenged. The grounds for challenging the orders were that according to the petitioner, the order made against him is biased and orders granted are on the request of and for the benefit of one party only.

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So, through an instant petition, the petitioner reached the Court challenging the order.

Arguments

The petitioner claimed that he was preceded against ex parte in the execution proceedings.

He further claimed that the order should be quashed.

Court’s Observations

The Court looked into the matter and observed that the petition filed by the petitioner is competent. However, the Court stated that this petition is not maintainable.

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Moreover, the Court observed that the petition has not reached the Court with the right provisions of law. The right procedure for challenging and setting aside an ex parte order has not been followed. Further, the procedure for challenging an ex parte Order is illustrated in a specific provision under XXI, Rule 106 CPC.

Court’s Judgement

Based on the aforementioned facts and statements, the Court held that the present petition is not considered. It is being dismissed with directions to the petitioner to reach the court of law under appropriate provisions of law to challenge the order.


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