JASBIR SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) The present civil revision petition has been filed for settingaside the order dtd. 18/10/2021 (Annexure P-2) passed by the learned Civil Judge (Jr. Divn.), Gurdaspur by which the application filed by the petitioner under Order 9 Rule 13 CPC for setting-aside the ex-parte judgment dtd. 15/3/2017, has been dismissed as well as to the order passed by the lower appellate court dtd. 12/1/2023 by which the appeal preferred against the said order dtd. 18/10/2021 has also been dismissed.

(2.) Learned counsel for the petitioner argues that without appreciating the actual fact that the parties should be allowed to contest the suit and the dispute between them should be decided on merit, the application filed by the petitioner under Order 9 Rule 13 CPC for settingaside the ex-parte judgment and decree dtd. 15/3/2017 should have been allowed, whereas the said application has been dismissed hence, the impugned order dtd. 18/10/2021 (Annexure P-2) as well as order dtd. 12/1/2023 are liable to be set-aside and the ex-parte judgment and decree dtd. 15/3/2017 may kindly be set-aside.

(3.) I have heard learned counsel for the petitioner and have gone through the record with his able assistance.