CR No.2867 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2867 of 2010 Date of decision : 10-09-2010 Arti .... Petitioner VERSUS Krishna Kumari ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. U.K. Agnihotri, Advocate, for the petitioner. Mr. Manjit Singh, Advocate, for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) Counsel for the petitioner has drawn my attention, at the very outset, to Para 7 of the judgment under revision, dated 10.04.2009 rendered by Appellate Authority, Ambala, which reads as under:- “7. Notice of appeal was given to the respondent- tenant, who initially appeared through his counsel Sh. P.K. Goel, Adv. but on 4-3-2009, Sh. P.K. Goel, Adv. Pleaded no instructions on behalf of the respondent and withdrew his power of attorney and therefore, the respondent was proceeded against ex-parte.” Counsel for the petitioner submits that once the counsel representing the petitioner, had withdrawn from the appeal, it was incumbent upon the Appellate Authority to issue actual date notice to the petitioner. CR No.2867 of 2010 -2- Be that as it may, this Court is of the view that equity and fair play demand that petitioner ought to have been afforded an opportunity to argue the appeal and then take a decision on merits. After hearing counsel for the parties, order dated 10.04.2009 passed by the Appellate Authority is set aside. The matter is remanded back to Appellate Authority, Ambala to decide the Rent Appeal No.34 instituted on 28.07.2007 afresh after affording opportunity of hearing to counsel for the parties. Disposed of. (KANWALJIT SINGH AHLUWALIA) 10-09-2010 JUDGE manju