Civil Revision No.6211 of 2010 #1# IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Civil Revision No.6211 of 2010 Date of Decision:-12.10.2011 Phoolwati. ......Petitioner. Versus Ranbir & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. Lokesh Sinhal, Advocate for the Petitioner. Mr. Suman Jain, Advocate for respondent nos.3 to 8. *** JASWANT SINGH, J.(ORAL) Phoolwati who is the widow of defendant no.1 Nathi son of Sh. Ganga Sahai in a suit for declaration and permanent injunction filed by respondent nos.1 & 2-plaintiffs, has by filing the present revision petition under Article 227 of the Constitution assailed the order dated 26.08.2010(P-2) whereby her application for setting aside the ex-parte order dated 16.07.2009 against her defendant/husband, has been dismissed. It is averred that defendant no.1-Nathi Singh had died on 04.04.2004 and on the date of passing of the order dated 16.07.2009 the factum of his death was not brought to the notice of the Court. At the time of arguments the parties are in agreement that the application dated 28.03.2010(P-1) instituted by the applicant/petitioner Phoolwati for being impleaded as the LR as also for setting aside the ex-parte order passed against her husband was not in the proper format and, therefore, the Counsel for Civil Revision No.6211 of 2010 #2# the respondent nos.3 to 8-LRs of Inder Singh have no objection if the impugned order dated 26.08.2010(P-2) be set aside with liberty to the petitioner/applicant to institute fresh applications to be decided afresh in accordance with law. Learned Counsel for the applicant/petitioner accepts the aforesaid concession offered by the Counsel for the respondent nos.3 to 8-LRs of co- defendant. In view of the agreed stand, the impugned order dated 26.08.2010 is set aside and this petition is disposed of with liberty to the petitioners to move proper applications within four weeks from receipt of certified copy of the order and in the eventuality of doing so, learned Trial Court would be at liberty to decide the same strictly in accordance with law. Disposed of in the above terms. ( JASWANT SINGH ) JUDGE October 12, 2011 Vinay