Sukhwant Kaur ( Since Deceased ) Through Lrs And ORS v. Ramnik Kaur And ORS

2023:PHHC:047779

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-1859-2023 Date of Decision: 27.03.2023 Sukhwant Kaur (since deceased) Through LRs. and others .....Petitioners

Versus

Ramnik Kaur and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Ivan Singh Khosa, Advocate for petitioners.

Mr. Rajat Malhotra, Advocate for respondent/caveators.

***** ARUN MONGA, J. (ORAL) Petition herein is for setting aside order dated 07.02.2023 (Annexure P-1) passed by Ld. Civil Judge (Jr. Division), Ludhiana, whereby an application filed by respondent No.1 under Order 9 Rule 13 of CPC was allowed and the suit was restored to its original number.

2.

Vide impugned order the Ld. trial Court has recalled the ex parte judgment and decree against all the defendants though the application was filed only by defendant No.3 (respondent No.1 herein). Petitioners/plaintiffs being aggrieved have filed the instant revision.

3.

Heard.

4.

At the outset, just as this Court was set to dictate its order, both the learned counsel are ad idem that the impugned order be modified only qua the defendant/respondent, who had moved the application and the ex parte decree against her may be set aside. Accordingly, the ex parte judgment and decree passed by Ld. trial Court is set aside only qua defendant No.3 and Ld. trial Court is requested to decide the case afresh on merits only qua her vis-à-vis the plaintiffs. 5.

Disposed of in the above terms.

SHALINI BHATIA 2023.04.07 15:31 I attest to the accuracy and integrity of this order/ judgment

2023:PHHC:047779 6.

Pending civil miscellaneous application(s), if any, shall also stand disposed of.

( ARUN MONGA ) JUDGE March 27, 2023 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No SHALINI BHATIA 2023.04.07 15:31 I attest to the accuracy and integrity of this order/ judgment