CHAIN SINGH Vs. SHAM LAL SHARMA AND ORS.

JUDGEMENT

(1.) THIS revision petition is filed challenging the judgment and order dated 08.04.2010 passed by 1st Additional District Judge Jammu in file No. 54 -A. The appeal was filed against the decree and judgment dated 11.02.2008 which was passed in ex -parte. The respondents herein filed an application under order 9 Rule 13 CPC on 26.08.2009. When the respondents did not get the order as prayed for, they have filed an appeal against the judgment and decree dated 11.02.2008 in the Appellate Court where the condonation application was also filed and the same was also allowed.

(2.) LEARNED counsel appearing for the respondents submits that the respondents will be withdrawing the appeal and the directions may be issued to the trial Court to dispose of the application filed on 26.08.2009 seeking to set aside the ex parte decree.

(3.) THE submissions of learned senior counsel is recorded and the appeal is treated as withdrawn. Trial Court is directed to dispose of the application filed on 26.08.2009 within a period of six weeks from the date of receipt of copy of this order and the petitioner is directed to file objections, if any within a period of two weeks. It is made clear that the findings rendered by the Appellate Court while ordering condonation delay petition shall not be taken note of by the trial Court while disposing of the application filed under order 9 Rule 13 CPC.