Civil Revision No. 5343 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Civil Revision No. 5343 of 2008

Date of decision : 26.2.2010

Manoj Kumar

....Petitioner

Versus

Gurnam Kaur

Respondent

CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present: Mr.G.S.Jaswal, Advocate for the petitioner

Ms. Divya Sharma, Advocate for the respondent No.1 & 2

S. D. ANAND, J.

The petitioner herein applies for invalidation of the order

dated 17.9.2008 vide which the learned Trial Court, in allowance of a

plea under Order 9 Rule 13 C.P.C. filed by the respondent, ordered

the setting aside of the exparte decree dated 17.12.2004, subject to

payment of Rs.3000/- as costs.

It is apparent from the record that expart order came

about when a counsel representing defendant-respondent pleaded

want of instructions and the Court proceeded to grant an exparte

decree against the party represented by her. Learned Trial Court

held that. in circumstances of the case, notice had to be

compulsively issued to the defendant.

The view obtained by the learned Trial Court is in

accord with the law laid down by the Apex Court in Malkiat Singh

Civil Revision No. 5343 of