In CR No. 2359 of 2011 (O&M)-PUNJ HC- When co-applicants of petitioners have not come forward to support their own case, Court can draw adverse inference against them, says P&H HC in case where only one out of four applicants deposed in favour of case set up in their application
Justice Alka Sarin [17-08-2022]

Read Order: Ghan Singh and Another v.   Atma Singh and Others

Monika Rahar

Chandigarh, August 18,2022: When the co-applicants of the defendant- petitioners have not come forward to support their own case the Court can draw an adverse inference against them, the High Court of Punjab and Haryana opined while dealing with a case wherein the defendants who filed an application to set aside the ex-parte judgement and decree, did not depose in favour of their case as set up in the said application. 

Justice Alka Sarin was considering a revision petition filed under Section 115 CPC challenging the orders of the Trial Court and the lower Appellate Court, respectively, wherein the application filed by the defendant-petitioners for setting aside the ex-parte judgement and decree passed by the Trial Court was dismissed as well as their prayer for setting aside the ex-parte orders was rejected. The petitioners  were eighth and fifth defendants.

It was the case set-up by the defendant-petitioners that no personal service was ever effected and they never received the summons along with a copy of the plaint. It was further submitted that the names of the defendant-petitioners were not given correctly. 

The plaintiff-respondents submitted that service of all the defendants was duly affected and that the present application had been filed simply to prolong the execution proceedings.

The Trial Court dismissed the said application of the defendants and so did the appellate court. Hence, the present revision. 

After hearing the parties, the Court observed that the application for setting aside the ex-parte judgement and decree was filed by four defendants, but only one of them stepped into the witness box as AW1 and none of the other applicants came forward to depose in support of the case set-up in the application. 

The bench noted that no process server was summoned nor were the service reports exhibited and it was also noticed that theTrial Court noted in the impugned order that “the  applicants failed to examine any witness despite of grant of a number of opportunities and ultimately the evidence of the applicants was closed by order of the Court.

In the absence of any cogent and reliable evidence, the Courts below had no option but to nonsuit the defendant-petitioners, the bench remarked. Also, it was noted that out of the four defendants who filed the above-mentioned application before the Trial Court, only two went in appeal against the order of the Trial Court. 

Thus, in this background, the Court observed, 

“When the co-applicants of the defendant- petitioners have not come forward to support their own case the Court can draw an adverse inference against them.”
Accordingly, the present petition was dismissed.