CMPMO No.168 of 2006. 3.1.2008. Present: Mr. Deepak Kaushal, Advocate, for the petitioner. Mr. C.N. Singh, Advocate, for the respondent. On this case coming up for consideration today, Mr. Kaushal, learned counsel appearing for the petitioner submits that the impugned order dated 5th September, 2005 passed by the learned Civil Judge (Senior Division), Kasauli suffers from a patent error apparent on the face of the order because the Court below has dismissed the petitioner’s application for setting aside the ex-parte decree by invoking Order 17 Rule 3 of the Code of Civil Procedure but without at all, in any manner adverting to the facts of the case and the issues involved for consideration and decision in the application filed by the petitioner. On perusal of the impugned order, I do tend to agree with the aforesaid submission of Mr. Kaushal because I myself do find that even while invoking, rightly or wrongly Order 17 Rule 3 of the Code of Civil Procedure and closing the petitioner’s right to lead evidence, the learned Court below ought to have proceeded further in disposing of the “setting aside application” on its merits and in accordance with law. That could not have been done without adverting to the merits of the case and deciding and disposing of the application, point by point, issue by issue, one way or the other. The approach adopted by the learned Court below is wholly impermissible under law. For the aforesaid reason, this petition is allowed. The impugned order is set aside. The learned Court below is directed, by reviving the “setting aside application” to dispose it of 2 afresh, after hearing the learned counsel for the parties and pass a detailed reasoned, speaking order. Since the matter is very old, efforts shall be made to dispose it of within four months from today. The record be sent back to the learned Court below where the parties through their learned counsel are directed to appear on 4th March, 2008. The petition is disposed of. CMP No.334 of 2006. In view of the disposal of the main petition, this application is disposed of. Interim order dated 30th June, 2006 shall stand vacated. 3rd January, 2008. (V.K. Gupta), C.J. (tr)