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PUNJAB AND HARYANA HIGH COURT
V.K. Jhanji, J.
Amrik Singh - Petitioner
Versus
Jasbir Singh - Respondent
CR No. 2312 of 1995.
Decided On : 19 September, 1995
Stay - Execution Proceedings - Ex Parte Decree - Code of Civil Procedure
Fact of the Case:
The petitioner filed an application under order 9, rule 13, Code of Civil Procedure, stating that he was not served in the petition for an ex parte decree.
Finding of the Court:
The court set aside the order and directed that the petitioner shall not be dispossessed in execution of the ex parte decree until a decision is given on the application under order 9, rule 13, Code of Civil Procedure. The trial court was directed to dispose of the application within two months.
Issues: Stay of execution proceedings during the pendency of the application under order 9, rule 13, Code of Civil Procedure for setting aside an ex parte decree.
Ratio Decidendi: The court considered the fitness of staying the dispossession of the petitioner until a decision is given on the application for setting aside the ex parte decree.
Final Decision: The revision petition was disposed of, and the petitioner was granted a stay on dispossession in execution of the ex parte decree until a decision is given on the application under order 9, rule 13, Code of Civil Procedure.
V.K. Jhanji, J. - This revision petition has been (sic) against the order whereby execution proceedings have not been stayed during the pendency of the application under order 9, rule 13, Code of Civil Procedure, for setting aside ex parte decree which has been passed against the petitioner.
2. It is the case of the petitioner in application under order 9 rule 13, Code of Civil Procedure, that he was not served in the petition. Till such time decision is given on the merits of the application for setting aside of the ex parte decree, I am of the view that it would be in the fitness of things if the dispossession of the petitioner is stayed. Accordingly, order under revision is set aside and it is directed that the petitioner shall not be dispossessed in execution of the ex parte decree till filed decision on application under order 9 rule 13, Code of Civil Procedure. Trial Court with whom application under order 9, rule 13, Code of Civil Procedure, is pending, is directed to dispose of the same within two months. It shall remain open to the petitioner to deposit the entire arrears of rent along with interest without prejudice to the rights of the parties.
Revision Petition stands disposed of.
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