Punjab-Haryana High Court
Ram Kanwar And Others vs Ram Kishan And Others on 15 October, 2009
Author: Sabina
Bench: Sabina
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 5960 of 2009
Date of Order: 15.10.2009
Ram Kanwar and others
.....Petitioners
Versus
Ram Kishan and others
.....Respondents.
CORAM: HON'BLE MRS.JUSTICE SABINA.
Present: Mr.Sudhir Mittal, Advocate for the petitioners.
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SABINA, J.(Oral)
This revision petition has been filed against the order dated 17.09.2009 passed by Additional District Judge, Sonepat.
Learned counsel for the petitioners has submitted that the petitioners were proceeded ex parte before the trial Court and thereafter, in appeal also, they were proceeded ex parte. The petitioners moved an application for setting aside the judgment and decree passed by the Appellate Court dated 02.03.1998 and that the appeal may be re-heard. It was also prayed that the ex parte judgment and decree passed by the Trial Court on 08.11.1997 be also set aside and the case be remanded back to the Trial Court.
Vide the impugned order, the application was allowed and the civil appeal was ordered to be re-heard.
Learned counsel for the petitioners has submitted that the apprehension of the petitioners was that the appeal would now be decided on merits by the Appellate Court although the petitioners had been wrongly proceeded ex parte by the Trial Court. This apprehension of the petitioners is misconceived because once the appeal has been ordered to be re- heard, the petitioners can take all the pleas available to them as per law.
Civil Revision No. 5960 of 2009 ..2..
The petitioners would also be at liberty to raise the plea as to whether they had been served before the Trial Court or not. The petition stands disposed of accordingly.
15.10.2009 (SABINA) Seema-II Judge