In the High Court for the States of Punjab and Haryana at Chandigarh. FAO No.1639 of 2009 (O&M) Decided on January 19,2010. Kharaiti Lal -- Appellant vs. Sudesh Kumari --Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Pandit Vinod Kumar Sharma,Advocate,for the appellant Mr.Amit Jaswal,Advocate,for the respondent. Rakesh Kumar Jain, (Oral) This appeal is directed against the order of learned Motor Accident Claims Tribunal, Ambala, dated 11.10.2008, vide which an application filed under Order 9 Rule 13 of Code of Civil Procedure, 1908 (for short,CPC'), by the appellant, for setting aside ex-parte order dated 10.2.2006 as well as order by which he was proceeded against ex-parte on 13.12.2004, was dismissed. Notice of motion was issued. Pursuant to which, Mr.Amit Jaswal,Advocate, has appeared on behalf of the respondent/claimant. Learned counsel appearing for the respondent submits that this appeal may be allowed subject to heavy costs. I have heard learned counsel for the parties. In view of the statement made by learned counsel for the respondent,the present appeal is allowed subject to Rs.10000/- as costs to be FAO No.1639 of 2009 (O&M) -2- paid to the respondent Smt.Sudesh Kumari. The parties are directed to appear before the learned Tribunal, Ambala on 08.2.2010, for further proceedings. January 19,2010 (Rakesh Kumar Jain) RR Judge