3§ HIGH COURT OF CHHATTISGARH AT BILASPUR SB. HON’BLE SHR! DHIRENDRA MISHRA, J Writ Petition (227) No.5551 of 2009 Present: Smt. Renu 'Kochar, counsel for the petitioner. Shri MA; Latif Rahman, counsel for the respondents. ORAL oRDER (29‘5 June, 2010) Grievance of the petitioner is that in a suit filed by the respondents, ex-parte proceedings were drawn against the petitioner/defendant on 22.6.2007. Thereafter, on the application of the petitioner, the ex—parte order ' against her was set aside on 18.9.2008. However, the counter claim filed by the petitioner was dismissed with an observation that there is no prayer for restoration of the counter claim. The application for reviewing the aforesaid order has been further dismissed by the impugned order dated 8.7.2009 with an observation that the application for review is barred by limited. in these 4;\\ circumstahces, the instant petition has been filed. Petitioner Tulsi Bai W/o Payarelal Kanwar, aged about 40 Defendant years. occupation agriculturist, R/o Dabhra, Tahsil Dabhra, District Janjgir—Champa (CG) Versus Respondent 1. Smt. Chameli Bai Agrawal, W/o Late Suraj‘bhan Plaintiff Agrawai, R/o Tahsil Dabhra, District Janjgiri Champa (CG) Respondents 2. Pyarelai S/o Namaial, aged about 45 years, Caste Defendants Kanwar, Tahsii’ Dabhra, District Janjgir—Champa (CG) 3. Smt. Champa Bai Agrawal, W/o lshwar Chand Agrawai, aged about 38 years, R/o Pathalgaon, Tahsil Pathalgaon, District Raigarh (CG) 4. Ishwarchand S/o Surajbhan Agrawal, aged about 34 years,R/o Sambhalpur, District Sambhaipur (Orissa) 5. Punam Chand S/o Surajbhan AgrawaL aged about 32 years, R/o Sambhaipur, District Sambhalpur (Orrisa) Taking into consideration that while proceeding ex-parte against the petitioner/defendant, there was no order for dismissai of the counter claim by the trial Court‘ the question for filing of any application for restoration of the counter claim does not arise. ln that View of the matter, the instant petition is allowed. Impugned order dated 8.7.2009 passed by Civil Judge, Class-l, Sakti in Civil Suit No.224—A/07 as well as order dated 18.92008, to the extent whereby the counter claim of the petitioner has been dismissed, are quashed. The trial Court is directed to proceed with the case and also decide the counter claim of the petitioner in accordance with law. Sci/— Dhirettdm Mishra i Judge