GURMAIL SINGH Vs. AVTAR SINGH
LAWS(P&H)-2010-10-4
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 01,2010

GURMAIL SINGH Appellant
VERSUS
AVTAR SINGH Respondents

JUDGEMENT

Alok Singh, J. - (1.)PETITIONER has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution of India, assailing the order dated 09.03.2009 passed by learned First Appellate Court/Additional District Judge, Ludhiana, whereby the appeal filed by the defendant ? respondent was allowed, his application under Order 9 Rule 13 C.P.C. was also allowed and ex-parte decree passed against the defendant-respondent dated 30.08.2000 was set aside.
(2.)LEARNED First Appellate Court in the impugned order has rightly observed that defendant was confined to bed after he met with fatal accident and he was not able to attend the Court proceedings. If defendant is confined to bed and is unable to appear in the Court and ex-parte decree is passed against him, that is the sufficient ground to set aside the exparte decree. In the opinion of this Court, once discretion has been exercised by the Court below by setting aside ex-parte decree, then this Court should not ordinarily invoke supervisory jurisdiction under Article 227 of the Constitution of India, to disturb such discretion exercised by the Court below. I am not inclined to invoke supervisory jurisdiction. Petition is liable to be dismissed, hence is dismissed. However, it is made clear that both the parties shall appear before the Trial Court on 25.10.2010 and Trial Court shall expedite the hearing of the suit. Trial Court is requested to decide the suit preferably within two years from the date of certified copy of this order is placed before the learned Trial Court.


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