C.R.No.4945 of 2007 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.4945 of 2007 (O&M). Decided on: September 04, 2009. Shokat .. Petitioner VERSUS Jaswant Singh etc. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Mr.Sanjiv Gupta, Advocate, for the petitioner. Mr.R.S.Mamli, Advocate, for the respondents. M.M.S. BEDI, J. (ORAL) Petitioner had filed an application under Order 9 Rule 13 CPC, for setting aside ex parte decree of injunction passed against him and his brother Rokam. The said application was dismissed vide order dated 26.07.2006, by Sh.R.S.Chaudhary, Civil Judge (Sr.Divn.), Karnal. The petitioner claims that he and his brother were proceeded against ex parte vide order dated 13.08.1996, and the suit was decreed ex parte against them on 10.11.2001, though they . . . 1 C.R.No.4945 of 2007 (O&M) had neither any knowledge about the case nor they had engaged Sh.Rajesh Sharma, as an Advocate, on their behalf. The said plea was rejected by Civil Judge (Sr.Divn.), Karnal, while passing order dated 26.07.2006. The appeal filed against the said order was again dismissed on the ground that it was barred by limitation, as such, there was a delay of 73 days in filing of the appeal. I have heard counsel for the petitioner as well as counsel for the respondents and perused the order passed by the lower Appellate Court, dismissing the appeal only on the ground of limitation. The petitioner should have been given an opportunity to contest the appeal on merits as he appears to have sufficient reasons for filing the appeal after a delay of 73 days. The order dated 23.08.2007, dismissing the appeal along with application for condonation of delay is hereby set aside. The delay in filing of the First Appeal is hereby condoned subject to payment of Rs.4,000/- as costs. The lower appellate Court is directed to reconsider the appeal on merits and dispose of the same by passing a speaking order after taking into consideration all the pleas taken by the petitioner. Parties are directed to appear before the District Judge, Karnal, on 24.10.2009. It will be open to the District Judge, Karnal, either to take up the appeal or to entrust the same to any other Additional District Judge. It is made clear that if the costs are not paid on 24.10.2009, this revision will be deemed to have been . . . 2 C.R.No.4945 of 2007 (O&M) dismissed. Disposed of. (M.M.S.BEDI) JUDGE September 04, 2009. rka . . . 3