This appeal against the dismissal of an application to set aside an ex-parte order was allowed by the High Court, Punjab and Haryana, subject to the payment of heavy costs to the respondent.
The appeal was allowed subject to Rs.10000/- as costs to be paid to the respondent.
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In the High Court for the States of Punjab and Haryana at Chandigarh.
FAO No.1639 of 2009 (O&M) Decided on January 19,2010.
Kharaiti Lal
-- Appellant
vs.
Sudesh Kumari --Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Pandit Vinod Kumar Sharma,Advocate,for the appellant Mr.Amit Jaswal,Advocate,for the respondent.
Rakesh Kumar Jain, (Oral)
This appeal is directed against the order of learned Motor Accident Claims Tribunal, Ambala, dated 11.10.2008, vide which an application filed under Order 9 Rule 13 of Code of Civil Procedure, 1908 (for short,CPC'), by the appellant, for setting aside ex-parte order dated 10.2.2006 as well as order by which he was proceeded against ex-parte on 13.12.2004, was dismissed.
Notice of motion was issued. Pursuant to which, Mr.Amit Jaswal,Advocate, has appeared on behalf of the respondent/claimant.
Learned counsel appearing for the respondent submits that this appeal may be allowed subject to heavy costs.
I have heard learned counsel for the parties.
In view of the statement made by learned counsel for the respondent,the present appeal is allowed subject to Rs.10000/- as costs to be
FAO No.1639 of 2009 (O&M)
-2-
paid to the respondent Smt.Sudesh Kumari.
The parties are directed to appear before the learned Tribunal, Ambala on 08.2.2010, for further proceedings.
January 19,2010 (Rakesh Kumar Jain) RR Judge
1 issue framed by the court
Whether the application for setting aside the ex-parte order should be allowed.
1 provisions across 1 enactments
Kharaiti Lal
Sudesh Kumari
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
