Kehar Singh v. Dharam Chand & ORS

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT

CHANDIGARH C.R. No.3387 of 2016 Date of Decision.12.05.2016 Kehar Singh .....Petitioner Vs.

Dharam Chand and others ........Respondents

Present:

Mr. Kanwaljeet Singh Derabassi, Advocate for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

The application for setting aside the ex parte decree was dismissed for default. A revision is filed against that order. By virtue of Section 141 CPC, the provisions that are applicable for suits would also apply to the applications. Consequently reference to provision of appeal against dismissal of an application to set aside ex parte decree will also apply to any application which was itself dismissed for default. An application for restoration of such an application is appealable under Order 43 CPC.

2.

The revision petition is incompetent and the revision petition is dismissed but with liberty to file an appeal in the manner aforesaid.

(K. KANNAN) JUDGE May 12, 2016 Pankaj* PANKAJ KUMAR 2016.05.16 11:34 I attest to the accuracy and integrity of this document