High Court of Punjab and HaryanaCR/6678/2014allowed

Gurpreet Kaur And ORS v. Inder Mohan Mehra And ANR

2015-07-13Mr Justice Rakesh Kumar Jain2 pages

Civil Revision No. 6678 of 2014 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 6678 of 2014 (O&M) Date of Decision: 13.07.2015.

Gurpreet Kaur and others ......Petitioner

Versus

Inder Mohan Mehra and another .....Respondents CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Gurdeep Singh, Advocate for the petitioners.

Mr. Anil Chawla, Advocate for respondent No. 1.

None for respondent No. 2.

**** SABINA, J.

Petitioners have filed this petition under Article 227 of Constitution of India challenging the order dated 12.6.2014 (Annexure P-5).

Learned counsel for the petitioners has submitted that vide the impugned order, two applications were disposed of by respondent No. 2. One application had been moved by respondent No. 1 for setting aside the ex parte order dated 30.8.2013 and the second application had been filed by respondent No. 1 for impleading the insurance company as a party. However, respondent No. 2 while allowing both the applications vide the impugned order had made no reference to the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 ('CPC' for short).

Learned counsel for respondent No. 1, on the other GURPREET SINGH 2015.07.17 17:01 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 6678 of 2014 (O&M) -2hand, has submitted that the insurance company was a necessary party and the absence of respondent No. 1 before respondent No. 2 was not intentional.

A perusal of the impugned order reveals that while disposing of the applications moved by respondent No. 1, the respondent No. 2 has ordered that the insurance company was liable to be impleaded as a party being a necessary party. However, no reference has been made to the application moved by respondent No. 1 for setting aside the ex parte order dated 30.8.2013.

Accordingly, this petition is allowed. Impugned order dated 12.6.2014 (Annexure P-5) is set aside. Respondent No. 2 is directed to pass a fresh order, in accordance with law. (SABINA) JUDGE July 13, 2015 Gurpreet GURPREET SINGH 2015.07.17 17:01 I attest to the accuracy and authenticity of this document Chandigarh