C.R. No.5223 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5223 of 2010 (O&M) Date of Decision: 4.10.2010 Jodha Mal ……Petitioner VERSUS Smt. Swadesh Sapra and others ……Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Nonish Kumar, Advocate for Mr. Vimal Kumar, Advocate for the petitioner. Mr. Rajvir Singh Sihag, Advocate for respondents No.6 and 7. 1. Whether Reporters of 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? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 31.7.2010 passed by Additional Civil Judge (Sr. Division), Jagadhri, whereby the application moved by the defen- dant No.4/petitioner herein under Order 9 Rule 7 C.P.C. to recall ex-parte order dated 25.8.2009 was dismissed. C.R. No.5223 of 2010 (O&M) -2- 2. Brief facts of the present case are that in a Suit No.568 of 2003 pending before the learned trial Court defendant No.4 was directed to be proceeded ex-parte vide order dated 25.8.2009. Defendant No.4 thereafter moved an application under Order 9 Rule 7 C.P.C. to recall the or- der dated 25.8.2009 which was dismissed by the learned trial Court on the ground that application under Order 9 Rule 7 C.P.C. was moved after 9 months from the order dated 25.8.2009. 3. The Hon’ble Apex Court in the matter of Arjun Singh vs. Mohindra Kumar and others reported in AIR 1964 Su- preme Court 993 (V 51 C 128) has held that application under Order 9 Rule 7 C.P.C. can be moved at any stage before the conclusion of the hearing. The Hon’ble Su- preme Court has also observed that hearing shall be con- cluded only when arguments are heard and judgment is reserved. In the present case, hearing was not con- cluded and there is no limitation to file application under Order 9 Rule 7 C.P.C. An application under Order 9 Rule 7 C.P.C. can be moved at any stage before hearing is concluded and showing good cause application should be allowed. In my view, petitioner has shown good cause to recall the order dated 25.8.2009. C.R. No.5223 of 2010 (O&M) -3- 4. Hence, the petition is allowed. Order dated 25.8.2009 is set aside. Parties shall appear before the learned trial Court for further order. ( ALOK SINGH ) 04th October, 2010 JUDGE ashish