Civil Revision No. 5042 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5042 of 2010 (O&M) Date of decision: 12.08.2010 Bir Singh ....Petitioner Versus Bhupinder Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Harish Mehla, Advocate, for the petitioner. ***** VINOD K. SHARMA, J (ORAL) This revision petition is directed against the order dated 11.5.2010 passed by the learned Additional District Judge, Kaithal, vide which the appeal qua respondents No.2 to 13 has been dismissed for the reason, that the petitioner had deposited a sum of Rs.2,625/- (Rupees two thousand six hundred and twenty five only) for publication of notice in the newspaper to serve respondents No.2 to 13 by way of substituted service, instead of Rs.3,400/- (Rupees three thousand and four hundred only). The learned Additional District Judge dismissed the appeal qua respondents No.2 to 13 for the reason, that deficient amount has been deposited as the amount required to be deposited was Rs.3,400/- (Rupees three thousand and four hundred only), which resulted in non- publication of notice by publication. The order has been passed under Order 17 Rule 2 of the Code of Civil Procedure, which cannot be sustained in law, as the order for Civil Revision No. 5042 of 2010 (O&M) -2- dismissal of an appeal for non-compliance of order to serve the respondents can be passed only under Order 9 Rule 2 of the Code of Civil Procedure. The order, therefore, is read to have been passed under Order 9 Rule 2 of the Code of Civil Procedure. The petitioner now has a remedy to move an application under Order 9 Rule 4 of the Code of Civil Procedure for setting aside this order by satisfying the Court that there was sufficient cause for failure to deposit whole of the amount. The learned Additional District Judge would consider the said application sympathetically and permit the petitioner to deposit the balance payment, for publication of notice for service on respondents No.2 to 13. Revision disposed off. (Vinod K. Sharma) Judge August 12, 2010 R.S.