GURDEV SINGH Vs. GULZARA SINGH

JUDGEMENT

(1.) This petition for revision is directed against the decision of the Second Additional District Judge, Ludhiana, rejecting the appeal of the defendant on the ground that the appeal was not competent. The order is wholly untenable and must be set aside.

(2.) It appears that the learned Additional District Judge was not at all aware of a fundamental rule that an ex parte interim order has no validity till it is confirmed in presence of the opposite party. Ex parte interim orders are only passed to meet a certain contingency, otherwise the Courts do not normally pass such ex parte orders. In the present case, an ex parte order under Order 40, Rule 1, Code of Civil Procedure, was passed on 3rd of September, 1969. The defendant moved for its setting aside on 9th of September, 1969, and his application for setting it aside was dismissed on 1st of November, 1969. The effect of this dismissal was that the order under Order 40, Rule 1 was confirmed and it is this order against which the present appeal was filed. This appeal is certainly competent.

(3.) For the reasons recorded above, I allow this petition, quash the order of the learned Additional District Judge and remit the case to him to decide and dispose of the appeal filed by the defendant on merits. The parties are directed to appear before the lower appellate Court on 11th of January, 1971.