• Order 9, Rule 13 CPC Application for setting aside the ex parte judgment and decree The facts as noticed are not in dispute. It is not decipherable that how the publication was effected in Danik Chetna, Bhiwani, when address of the defendant No.1 was of Himachal Pradesh. It itself was a clincher for the Court below not to accept the publication and proceed the defendant as ex parte. The trial Court failed to notice the facts. An attempt to challenge the order is basically to avoid the contest by the defendant as the plaintiff has something to conceal The impugned order, under challenge cannot be said to be suffering from illegality and perversity, much less, cannot be said to be without jurisdiction Revision Petition is dismissed
ASHWANI vs YOG CR 5581/16 14/01/19 [ Amit JJ ]
[ PUNJAB HARYANA HIGH COURT ]