IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.4396 of 2009 (O&M) Date of decision: 26th July, 2011 Dr. Dilbagh Rai … Appellant Versus Surjit Singh and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sandeep Bansal, Advocate for the appellant. None for the respondents. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Record of the courts below has been received. Counsel for the appellant has referred to the order dated 20th December, 2005 passed by the District Judge, Hoshiarpur which reads as under: “Present: Sh. D.M.Sharma, Counsel for the appellant. Sh. Sanjay Sharma, Counsel for respondent No.1. Lower Court record received. Respondent No.1 was duly served through summons. Sh.Sanjay Sharma, Advocate filed power of attorney on behalf of respondent No.1. Respondent No.2 remains to be served. Both the defendants were ex-parte in the lower Court. As such service of respondent No.2 is dispensed with. Now for arguments, the case is adjourned to 14.3.06. G.K. Rai DJ Hpur. 20.12.05.” Regular Second Appeal No.4396 of 2009 (O&M) Counsel for the appellant states that the trial Court had dismissed the suit of the plaintiff, whereas the appeal filed by the plaintiff has been accepted and the appellant-defendant has been fastened with the liability without affording him any opportunity of hearing. On December 7, 2010 it was noted that the respondents have been served but nobody has caused appearance on their behalf. In spite of service, nobody has appeared on behalf of the respondent- plaintiff. Considering the fact that service was not effected upon the appellant, who was impleaded as respondent No.2 in the Civil Appeal No.192 of 2005/2008, this Court cannot sustain the order passed in appeal. Accordingly, present appeal is accepted and the impugned order dated 21st January, 2009 is set aside. The appellant shall appear before the lower appellate Court on 1st September, 2011. The lower appellate Court shall also issue notice to the respondent-plaintiff and thereafter, shall decide the appeal afresh. [KANWALJIT SINGH AHLUWALIA] JUDGE July 26, 2011 rps 2