Punjab School Education Board, Through Its Secretary and anr. Vs. Jarnail Singh, Science Master, Government High School - Court Judgment |
| Civil |
| Punjab and Haryana High Court |
| May-21-1990 |
| Civil Revision No. 2222 of 1988 |
| J.V. Gupta, Acting C.J. |
| (1990)98PLR438 |
| Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 9, Rule 13 |
| Punjab School Education Board, Through Its Secretary and anr. |
| Jarnail Singh, Science Master, Government High School |
| Nemo |
| Petition dismissed |
- orderj.v. gupta, acting c.j. 1. this revision petition is directed against the order of the trial court dated september 19, 1988, whereby the application for setting aside the order initiating of the ex-parte proceedings dated july 26, 1988, was dismissed on the ground that the same was not maintainable, as it was not supported by an affidavit. that very day, after passing the said order, the plaintiff was examined as p.w. 1 and ex parte evidence was also closed.2. though the petition was admitted on september 30, 1988, yet further proceedings were not stayed by this court. in case the suit has come to an end, this petition has become in fructuous and is liable to be dismissed as such. however, in case the suit is still pending, the impugned order is liable to be set aside as it was no ground to dismiss the application that it was not supported by an affidavit in that situation, necessary affidavit will be filed by the defendant-petitioner on payment of rs. 100/- as costs failing which this petition will stand dismissed.
ORDER
J.V. Gupta, Acting C.J.
1. This revision petition is directed against the order of the trial Court dated September 19, 1988, whereby the application for setting aside The order initiating of the ex-parte proceedings dated July 26, 1988, was dismissed on the ground that the same was not maintainable, as it was not supported by an affidavit. That very day, after passing the said order, the plaintiff was examined as P.W. 1 and ex parte evidence was also closed.
2. Though the petition was admitted on September 30, 1988, yet further proceedings were not stayed by this Court. In case the suit has come to an end, this petition has become in fructuous and is liable to be dismissed as such. However, in case the suit is still pending, the impugned order is liable to be set aside as it was no ground to dismiss the application that it was not supported by an affidavit In that situation, necessary affidavit will be filed by the defendant-petitioner on payment of Rs. 100/- as costs failing which this petition will stand dismissed.