Total Pageviews

Thursday, March 11, 2010

Party accepting cost for setting aside exparte decree--Is debarred from challenging impugned order

2010(1) LAW HERALD (P&H) 259
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L. N. Mittal
C.R. No. 2728 of 2009
Sandeep and Ors.
v.
Surender & Ors.
{Decided on 11/01/2010}
For the Petitioner: Mr. Arun Jain, Senior Advocate with Mr. Amit Jain, Advocate.
For the Respondent: Mr. Ajay Jain, Advocate.
IMPORTANT POINT
Exparte decree--Setting aside of--Challenge to--Party accepting cost for setting aside exparte decree--Is debarred from challenging impugned order.
Civil Procedure Code, 1908, O.9, R.13--Ex-parte decree--Setting aside of--Challenge to--Exparte judgment and decree set aside on payment of Rs.2000/- as cost--Cost accepted by petitioners un conditionally--Petitioners are debarred from challenging impugned judgment--Authority of counsel in lower Court not withdrawn by petitioner--Acceptance of cost amount by said counsel cannot be said to be without authority. (P.4)