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Jammu & Kashmir High Court
N.Paul Vasantha Kumar, J.
Chain Singh - Appellant
Versus
Sham Lal Sharma and Ors. - Respondent
C. Rev. No. 52/2010 and CMA No. 59/2010
Decided On : 26-03-2015
Order 9 Rule 13 CPC - Revision Petition - The court directed the trial court to dispose of the application seeking to set aside the ex parte decree within six weeks, and clarified that the findings of the Appellate Court on condonation of delay shall not be considered by the trial court.
Fact of the Case:
The respondents filed an application under order 9 Rule 13 CPC to set aside the ex parte decree. The appeal against the decree and judgment was filed in the Appellate Court, along with a condonation application, which was allowed.
Finding of the Court:
The court directed the trial court to dispose of the application within six weeks and clarified that the findings of the Appellate Court on condonation of delay shall not be considered by the trial court.
Issues: Challenge to judgment and order, withdrawal of appeal, disposal of application under order 9 Rule 13 CPC, maintenance of status quo.
Ratio Decidendi: The trial court was directed to dispose of the application within a specified time frame, and the findings of the Appellate Court on condonation of delay were not to be considered.
Final Decision: The Civil Revision Petition was disposed of with directions to the trial court and the withdrawal of the appeal.
N. Paul Vasantha Kumar, CJ.
1. This revision petition is filed challenging the judgment and order dated 08.04.2010 passed by 1st Additional District Judge Jammu in file No. 54-A. The appeal was filed against the decree and judgment dated 11.02.2008 which was passed in ex-parte. The respondents herein filed an application under order 9 Rule 13 CPC on 26.08.2009. When the respondents did not get the order as prayed for, they have filed an appeal against the judgment and decree dated 11.02.2008 in the Appellate Court where the condonation application was also filed and the same was also allowed.
2. Learned counsel appearing for the respondents submits that the respondents will be withdrawing the appeal and the directions may be issued to the trial Court to dispose of the application filed on 26.08.2009 seeking to set aside the ex parte decree.
3. This Court on 22.04.2010 stayed the proceedings before the appellate Court. The apprehension of the respondents is that the petitioner may execute the decree in spite of the order of status quo. The said apprehension is unwarranted and the status quo as on today has been maintained.
4. The submissions of learned senior counsel is recorded and the appeal is treated as withdrawn. Trial Court is directed to dispose of the application filed on 26.08.2009 within a period of six weeks from the date of receipt of copy of this order and the petitioner is directed to file objections, if any within a period of two weeks. It is made clear that the findings rendered by the Appellate Court while ordering condonation delay petition shall not be taken note of by the trial Court while disposing of the application filed under order 9 Rule 13 CPC.
5. Civil Revision Petition is disposed of with above directions.
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