Civil Revision No.1308 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1308 of 2011 Date of Order: 07.03.2011 Amar singh ...Petitioner Versus Inderjit Singh ..Respondent CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present:Mr. Raman Sharma, Advocate for the petitioner. Mr. Rajesh Punj, Advocate for the respondent. RAJIVE BHALLA, J (Oral) The petitioner prays that the trial court should be directed to decide his application for ad-interim stay along with his application, filed under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte judgment and decree. It is submitted that instead of deciding the application for interim stay along with the application for setting aside the ex-parte judgment and decree, the trial court has issued notice for a different date and then also without considering the prayer for ad-interim stay. Counsel for the respondent-states that mere pendency Civil Revision No.1308 of 2011 -2- of an application under Order 9 Rule 13 of the Code of Civil Procedure does not entitle the petitioner to pray for stay of the ex-parte judgment and decree. It is further submitted that even otherwise averments in the application filed under Order 9 Rule 13 of the Code of Civil Procedure are vague and do not meet the parameters for setting aside the ex-parte judgment and decree. I have heard counsel for the parties. The Additional Civil Judge (Senior Division), Ludhiana is required to decide both applications together and in view of the pendency of the application for setting aside the ex-parte judgment and decree, should have stayed operation of ex-parte judgment and decree, so as to avoid unnecessary complications relating to execution of the decree. In view of what has been stated hereinabove, the revision is allowed. The Additional Civil Judge (Senior Division), Ludhiana, is directed to decide the application for stay along with the application filed under Order 9 Rule 13 of the Code of Civil Procedure. During pendency of these applications, operation of the ex-parte judgment and decree shall remain stayed. The applications shall be decided within one month from receipt of a certified copy of this order. The trial court shall decide the applications on the basis of affidavits, to be filed by parties. March 07, 2011 (RAJIVE BHALLA) nt JUDGE