CMPMO No.159 of 2008. 25.07.2008 Present: Mr.Mohan Lal Brakta, Advocate, for the petitioner. Mr.K.B. Khajuria, Advocate, for the respondent. The order assailed in this petition has been passed by the learned Civil Judge(Junior Division), Court No.2, Rohru, on an application under Section 47 of the Code of Civil Procedure having been preferred by the Judgment Debtor. Learned Court holds that without having the ex-parte order dated 8.6.2007 set aside, the petition under Section 47 would not be maintainable. The reasoning of the learned Court below cannot be faulted with. Learned counsel appearing for the petitioner has informed this Court that an application for setting aside ex-parte proceedings has already been filed and is pending in the executing Court. In these circumstances, it is directed that the petition for setting aside ex-parte proceedings be taken up first and thereafter the application under Section 47 be dealt with in accordance with law. This petition is accordingly allowed. There is no order as to costs. The parties to appear before the learned trial Court on 25th September, 2008. July 25, 2008 ( Dev Darshan Sud ) (aks) Judge