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2010 Supreme(P&H) 221

L.N.MITTAL
Sandeep – Appellant
Versus
Surender – Respondent


Advocates:
For the Petitioner:Mr. Arun Jain, Senior Advocate with Mr. Amit Jain, Advocate.
For the Respondent:Mr. Ajay Jain, Advocate.
IMPORTANT POINT
Exparte decree--Setting aside of--Challenge to--Party accepting cost for setting aside exparte decree--Is debarred from challenging impugned order.

JUDGMENT

L.N. Mittal, J. (Oral).:- This is revision petition by some of the plaintiffs assailing judgment dated 07.03.2009 passed by learned Additional District Judge, Hisar.

2. Some of the defendants moved application for setting aside exparte judgment and decree dated 01.05.1997 (Annexure P-1) passed by learned Civil Judge (Junior Division), Hisar. The said application was dismissed by learned trial court i.e. learned Civil Judge (Senior Division), Hisar, vide order dated 26.11.2008. However, appeal preferred by the defendants has been allowed by the Appellate Court i.e. learned Additional District Judge, Hisar, vide impugned judgment (Annexure P-3) dated 07.03.2009 and the ex-parte judgment and decree dated 01.05.1997 have been set aside on payment of Rs.2,000/- as cost. Feeling aggrieved, some of the plaintiffs have filed the instant revision petition under Article 227 of the Constitution of India.

3. I have heard learned counsel for the parties and perused the case file.

4. At the outset, learned counsel for the contesting respondents contended that the plaintiffs have accepted the cost amount of Rs.2,000/- pursuant to impugned judgment dated 07.03.2009 without any protest, an






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