Punjab-Haryana High Court
Ram Kali vs Ram Gopal And Others on 6 August, 2010
Author: Alok Singh
Bench: Alok Singh
CR No. 4909 of 2010 1
In the High Court of Punjab and Haryana, Chandigarh.
CR No. 4909 of 2010 (O&M)
Date of Decision: 06.08.2010
Ram Kali
....Petitioner
Versus
Ram Gopal and others
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
1.Whether reporters of local news papers may be allowed to see
judgement ?
2. To be referred to reporters or not ?
3. Whether the judgement should be reported in the Digest ?
Present: Mr. Dinay Sarup, Advocate
for the petitioner.
...
Alok Singh, J.(Oral)
By way of present petition, petitioner is challenging order dated 9.6.2010, whereby the Additional Civil Judge (Jr. Division), Hisar allowed the application of the defendants under Order 9 Rule 7 CPC and recalled the order of ex-parte proceedings.
Learned counsel for the petitioner vehemently argued that application under Order 9 Rule 7 CPC was moved after seven months and there was no good ground before the trial Court to allow the application under Order 9 Rule 7 CPC.
In the opinion of this Court, an application under Order 9 Rule CR No. 4909 of 2010 2 7 CPC should be allowed when defendant comes before the Court and is able to show good reason. There is difference between the provisions of Order 9 Rule 7 CPC and Order 9 Rule 9 CPC. Order 9 Rule 9 CPC requires sufficient ground to be proved before recalling the dismissal order while Order 9 Rule 7 CPC requires only good reasons to recall the order of ex- parte proceedings.
From the averments of the application, I am satisfied that the trial Court was justified and well within its jurisdiction while allowing the application under Order 9 Rule 7 CPC. Present petition is misconceived and is misuse of process of law.
Petition is dismissed with costs of Rs.5,000/-. Costs be deposited with the High Court Legal Aid Committee, at Chandigarh within 15 days from today.
( Alok Singh ) Judge 06.08.2010 sk.