RSA No.2413 of 1988 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.2413 of 1988 Date of decision: December 13, 2010. Harbhajan Singh & Anr. ...Appellant(s) v. Kishan Chand & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Arun Nehra, Advocate, for the appellant(s). Shri Sarwan Singh, Senior Advocate, with Shri N.S. Rapri, Advocate, for the respondents. Kanwaljit Singh Ahluwalia , J. (Oral): The present appeal has been filed by the defendant to the suit. His only grievance is that he was proceeded against ex-parte and his application for setting aside the ex-parte proceedings under Order 9 Rule 7 CPC was not decided and, therefore, no opportunity of hearing has been afforded to him. It is stated that even the appeal filed by him, has been dismissed by the lower Appellate Court. During the course of arguments, the parties are in agreement that the matter can be remanded back to Sub Judge First Class, Hoshiarpur to decide the application under Order 9 Rule 7 CPC on merits. Considering the principles of fair play, equity and justice, this Court is of the view that the parties should be given full opportunity to RSA No.2413 of 1988 -: 2 :- project and defend their case. Accordingly, the judgment and decree passed by the Courts below are set aside. Sub Judge First Class, Hoshiarpur is directed to decide the application under Order 9 Rule 7 CPC within three months from the date of receipt of a certified copy of this order. Till then, status quo shall be maintained between the parties. The parties shall appear before Sub Judge First Class, Hoshiarpur (or successor Court) on 13.1.2011. Disposed of accordingly. [Kanwaljit Singh Ahluwalia] December 13, 2010. Judge kadyan