Sandeep Arora v. Balbir Singh @ Billa And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2633-2021 (O&M) Date of decision: 08.11.2021 SANDEEP ARORA ..Petitioner ASHOK KUMAR 2021.11.09 10:17 I attest to the accuracy and integrity of this document

Versus

BALBIR SINGH @ BILLA AND ANOTHER ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Vaibhav Sehgal, Advocate for the petitioner. *** ANIL KSHETARPAL, J (Oral) Admittedly, the petitioner is not party to the proceedings under Section 372 of the Indian Succession Act, 1956. The petitioner filed an application under Order 9 Rule 7 of the Code of Civil Procedure to set aside the ex parte proceedings. Since the petitioner was not party to the proceedings, therefore, his application under Order 9 Rule 7 of the Code of Civil Procedure was not maintainable.

At this stage, learned counsel representing the petitioner prays for permission to withdraw the present petition with liberty to file an appropriate application before the trial Court. Keeping in view the aforesaid facts, the present petition is dismissed as withdrawn with liberty to file an appropriate application before the trial Court which shall be decided by the Court independently. All the pending miscellaneous application(s), if any, are also disposed of.

08.11.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No