Civil Revision No. 1137 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1137 of 2008 Date of decision:15th October, 2009 Jai Gopal ......Petitioner Versus Shiv Kumar Tejpal ......Respondent Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. N.C.Kinra, Advocate for the appellant. Mr. P.S.Sarna, Advocate for the respondent. Rajive Bhalla, J.(Oral) Prayer in this petition is to set aside the order dated 6.12.2007, passed by the Additional Civil Judge (Senior Division), Nawanshahr, dismissing an application for recalling an order dismissing his application under Order 39 Rule 2-A for default on 24.04.2004. I have heard counsel for the parties, perused the impugned order and am of the considered opinion that the trial court has failed to consider the appellant's prayer for condonation of delay. Though the petitioner was required to file a separate application under Section 5 but as the application contains the pleadings with respect to condonation of delay, duly supported by an affidavit, the court was required to consider and decide the prayer for condonation of delay. The title of the application is irrelevant. The trial court however, dismissed the application without considering the prayer for condonation of delay. The trial court failed to peruse or consider the averment in the application, that the order dismissing his application for default came to the petitioner's Civil Revision No. 1137 of 2008 2 knowledge on 20.01.2007. The application was dismissed on the petitioner's conduct preceding the order of dismissal in default. In this view of the matter, the revision petition is allowed, the order dated 6.12.2007, passed by the Additional Civil Judge (Senior Division), Nawanshahr, is set aside and the matter is remitted to the Additional Civil Judge (Senior Division), Nawanshahr, for deciding the application afresh and in accordance with law. Parties are directed to appear before the Additional Civil Judge (Senior Division), Nawanshahr, on 4.12.2009, who shall decide the application within three months. ` [RAJIVE BHALLA] JUDGE 15th October, 2009 Shivani Kaushik