C.R. No.5372 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.5372 of 2006 Date of Decision: 24.1.2008 Jogi Ram .....Petitioner Vs. Kurukshetra University, Kurukshetra ...Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr.Anish Setia,Advocate for the petitioner. Mr. S.C. Sibal, Sr. Advocate with Mr.V.S.Rana,Advocate for the respondent. ... RAJIVE BHALLA, J (Oral) The petitioner, impugns an order dated 11.9.2006 passed by the Additional District Judge, Kaithal, accepting an appeal, filed by the respondent and setting aside the order dated 21.9.2000 passed by the Additional Civil Judge (Senior Division), Guhla, dismissing an application for setting aside an ex-parte decree. The learned Additional District Judge,while accepting the appeal, has failed to make any reference, to the sufficient cause disclosed by the respondent. The learned appellate Court, merely proceeded to set aside the order passed by the Additional Civil Judge, (Senior Division), Guhla, on the ground that as public money was involved, the ex-parte decree should be set aside. The above fact, though relevant, is an enabling fact and can in no circumstance be the sole reason for setting aside an ex-parte decree. The learned appellate Court was required to consider the merits of the case, the sufficiency of the cause shown and only thereafter, accept the appeal. C.R. No.5372 of 2006 2 The learned trial Court had recorded a categoric finding that the respondent was aware of the proceedings and in fact had put in appearance after the case was remanded to the trial Court. These findings have not been dealt with or considered. In this view of the matter and without expressing any further opinion, lest it prejudice the cause of either parties, the revision is allowed and the order passed by the Additional District Judge dated 11.9.2006 is set aside. Parties are directed to appear before the Additional District Judge,Kaithal on 28.2.2008. The appeal shall be decided within a month of the aforementioned date. 24.1.2008 ( RAJIVE BHALLA ) GS JUDGE