IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4023 of 2007 (O&M) Date of Decision:- 05.03.2008 S.K.Kaushal ....Petitioner(s) through In person. vs. V.K.Kaushal & others ....Respondent(s) through Mr.Arun Palli, Sr.Advocate with Mr.Tushar Sharma, Advocate. *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers may be allowed to see the judgment? 2) To be referred to the Reporters or not? 3) Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (ORAL) This revision petition is directed against the order dated 10.5.2007 passed by the learned Civil Judge (Sr.Division), Yamuna Nagar at Jagadhari whereby an application moved by respondent No.1-defendant under Section 151 CPC for implementation of the orders passed by this Court in Civil Revision No.1499 of 2007, has been disposed of. Notice of motion was issued and further proceedings before the learned trial Court were stayed. Pursuant thereto, I have heard the petitioner in person as well as learned counsel for the respondents. It appears that the above-stated impugned order has been passed by the learned trial Court in the petitioner's absence as no one appeared on his behalf at the time when the application moved by respondent No.1 was accepted and further prosecution of the suit by the C.R. No.4023 of 2007 (O&M) -2- petitioner-plaintiff was ordered to be struck off. For the solitary reason that the petitioner has not been heard before passing the impugned order, this revision petition is allowed. The impugned order dated 10.5.2007 is set aside and the learned trial Court is directed to decide the application moved by respondent No.1-defendant afresh and in accordance with law. The learned trial Court is, however, directed to decide the aforesaid application before proceeding with the suit on merits. The trial Court is further directed to decide the application on or before 30.4.2008. The parties are directed to appear before the learned trial Court on 5.4.2008 i.e. the date fixed. A copy of this order be given Dasti to learned counsel for the parties on payment of usual charges. March 05, 2008 ( SURYA KANT ) poonam JUDGE