Civil Revision No.41 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.41 of 2009 Date of decision : 8.1.2010 Teja Singh ....Petitioner Versus Sukhwinder Singh ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Rakesh Nagpal, Advocate for the petitioner. Mr. J.S. Gill, Advocate for the respondent. S. D. ANAND, J. Though the order passed by the learned Trial Court declining the plea filed by the petitioner under Order 9 Rule 13 of the Code of Civil Procedure for setting aside of the impugned exparte decree was affirmed by the learned Addl. District Judge, it is apparent from the record ( i.e. certified copies of the interim orders dated 27.2.2001 and 12.3.2001) that it had taken the learned Trial Court only 23 days to make an endeavour to effect the service upon the petitioner-defendant by ordinary means and also substituted service which was not to be effected locally but at Rania which is a quite a few kilometers away from the court house. It is further apparent from the order dated 21.7.2008 (Annexure P-7) passed by the learned Addl. District Judge, Sirsa, that it got persuaded to hold that the impugned application was malafide in view of the fact that Civil Revision No.41 of 2009 -2- **** the petitioner-defendant filed the impugned application on 10.12.2002 and, on that very day, he entered into afresh agreement for the sale of some other land with the plaintiff-respondent. How exactly does he entering into of an agreement of some other piece of other land with the plaintiff-respondent corroborate the inference drawn by the learned Addl. District Judge defies logical comprehension. The petition shall stand disposed of with a direction that the petitioner shall be allowed to join the proceedings, by filing pleadings, subject to payment of Rs.15,000/- as costs. The costs shall be payable and the pleadings filed on the next date of hearing. In the circumstances of the case, it is directed that the learned Trial Court shall dispose of the suit itself within six months from the next date of hearing. The parties, through their learned counsel, are directed to appear before the learned Trial Court on 20.1.2010. The acknowledgment (of a copy of this order) issued by the concerned Judicial Officer shall be forwarded to the Registry of this Court. Learned Sessions Judge shall himself maintain a tab to ensure that the case is disposed of by afore-mentioned date. January 08,2010 (S. D. ANAND) Pka JUDGE