Anil Kumar And ORS v. Kishan Lal And ORS

Civil Revision No.7502 of 2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7502 of 2017 (O&M) Date of Order: 01.02.2018 Anil Kumar and others ..Petitioners

Versus

Kishan Lal and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Dr. Anmol R. Sidhu, Sr. Advocate, with Mr. Mahir Sood, Advocate, and Mr. Arun William, Advocate, for the petitioners.

ANIL KSHETARPAL, J(Oral) Petitioners are in revision petition against the order dismissing the application under Order 9 Rule 13 of the Code of Civil Procedure, for setting aside the ex-party preliminary decree, confirmed in appeal by the learned first appellate Court vide order dated 14.07.2017.

It is not disputed that the petitioners were served and they had engaged a counsel. It has been submitted that the counsel did not inform the petitioners and, therefore, petitioners could not assist the Court. This Court has specifically asked learned counsel for the petitioners whether the status of the plaintiff as a co-sharer is being disputed, the answer to this question is no.

In these circumstances, only a preliminary decree has been passed, petitioners would be entitled to appear and contest the application for final decree as and when filed.

With these observations, the revision petition is disposed of accordingly.

February, 01, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.02.02 15:06 I attest to the accuracy and integrity of this document Chandigarh