Civil Revision No. 5526 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5526 of 2008 Date of decision: 4.05.2009. Lila Ram Petitioner Versus Baljit and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Harkesh Manuja, Advocate for the petitioners. ***** S.D.ANAND, J. The petitioner is the auction-purchaser at the auction held under the orders of the Tribunal. Immediately the auction had been held, the judgment debtor tendered a large part of the decreed amount to the decree holder and the latter opted to forego the unpaid part thereof. The Tribunal noticed those facts and cancelled the auction. Qua the interest of the judgment debtor, the Tribunal held that “The amount of earnest money of Rs.40,000/- and balance amount of Rs.1,50,000/- deposited in pursuance of the said sale by the auction purchaser Lilu shall be refunded to him but the interest accruing thereon shall be paid by the JD No.1 Baljit, as and when demanded by the auction purchaser.” It is apparent from a perusal of the record that the petitioner-auction purchaser had not been given a hearing at all Civil Revision No. 5526 of 2008 -2- **** before the impugned order came to be granted by the learned Tribunal. By the time the judgment debtor paid the impugned amount to the the decree holder, the auction purchaser had come to acquire an interest in that property. It is apparent from the record that entire decretal amount had been deposited (by the petitioner- auction purchaser) before the impugned order came to be granted. There can be no escape from the conclusion that an order adverse to a party cannot be granted without affording an opportunity of a hearing to it. Whether that party has a genuine or sustainable claim or not is a matter which can come up for adjudication before the Court only after that party has been allowed an opportunity of presentation which, in this case, was not afforded. The petition shall stand allowed. The impugned order shall stand set aside. The learned Tribunal shall proceed to dispose of the controversy afresh after affording an opportunity of hearing to the petitioner. The exercise shall be concluded within one month from today. May 04, 2009 (S.D.Anand) Pka Judge