Anup Kumar vs Anil Kumar And Ors
2022 Latest Caselaw 17232 P&H

CR-6034-2022

127    IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                 CR-6034-2022
                                 Date of Decision: December 19, 2022

Anoop Kumar                                           ...Petitioner

                                  Versus

Anil Kumar and others                                 ...Respondents

CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA

Present:- Mr. Jagdish Manchanda and Mr. Nischal Chetanya Manchanda, Advocates for the petitioner.

DEEPAK GUPTA, J.(Oral)

This revision is directed against the impugned order dated

06.09.2022 passed by learned District Judge, Jalandhar, whereby appeal

has been dismissed under Order 9 Rule 2 CPC qua respondent Nos.5 and

7 for not filing of the publication charges as ordered earlier.

2. Learned counsel for the petitioner has pointed out that

respondent Nos.5- Naresh Kumar was already proceeded ex parte before

the Trial Court as is evident from the Trial Court judgment. Similarly,

respondent No.7 Smt. Rita had been proceeded ex parte in the appeal

itself vide order dated 26.07.2016. Learned counsel has relied upon the

judgment of a Full Bench of this Court in case of "Mohan Masih vs Smt.

Bashiro and others", reported as 1988(2) PLR 138, as per which if a

respondent is ex parte before the Courts below, there is no need for

serving the said respondents again in the appeal.

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CR-6034-2022

3. The abovesaid submissions contain merit. As respondent

Nos.5 and 7 are already ex parte, so the present revision is accepted. The

impugned order is set aside.

4. Revision stands disposed of.

December 19, 2022                              (DEEPAK GUPTA)
sarita                                              JUDGE

                  Whether reasoned/speaking:         Yes/No
                  Whether reportable:                Yes/No




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