IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5795 of 2010 (O&M) Date of decision: 27.1.2011 Punjab Beverages Pvt. Ltd. ...Petitioner Versus M/s G.T.Agencies ...Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.A.S.Chandhiok, Sr.Advocate with Mr.Aashish Chopra, Advocate for the petitioner *** Ram Chand Gupta, J.(Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 30.4.2009 and the subsequent order dated 11.2.2010 Annexure P-2, vide which prayer of the petitioner for recalling the order dated 30.4.2009 as well as rectification of records was declined. It has been contended by learned counsel for the petitioner that an application under Order IX Rule 13 CPC was filed by the petitioner for setting aside ex-parte judgment and decree, notice of which was given to the respondent-plaintiff and however, without taking reply of the respondent- plaintiff, issues were framed by learned trial Court. This court had sought report from learned trial court in this regard, which has been received. Perusal of the same shows that the reply to the application is not on the record and that there was only oral arguments on behalf of the counsel for the respondent that application under Order IX Rule 13 CPC was not maintainable and the same should be dismissed. CR No.5795 of 2010 (O&M) -2- It has also been mentioned that at the time of passing the order on the application for recalling the previous order, this fact was not brought to the notice during arguments that reply of the application under Order IX Rule 13 CPC was not filed. Be that as it may, issues have been framed on the application under Order IX Rule 13 CPC by learned trial court without reply being filed by the petitioner-defendant. Hence, in view of these facts, the impugned orders cannot be sustained in the eyes of law. The same are hereby set aside. The trial Court is directed to seek reply to the application under Order IX Rule 13 CPC and then proceed further as per law. On request, the trial court is directed to decide the matter expeditiously. Revision petition stands disposed of accordingly. January 27, 2011 (RAM CHAND GUPTA) gsv JUDGE