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Judgment
Ajay Kumar Mittal, J.
This is an application under Order 41 Rule 21 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 31.7.2001 whereby the appeal filed by the appellant was allowed.
It has been averred in the application that the above said appeal was admitted on 13.3.1985 and the applicantrespondent was served for Farzi peshi for 19.8.1985 and on 11.8.1985 Shri Satya Parkash Jain (since expired) was engaged to represent the applicantrespondent. During the pendency of the appeal in this Court and before its final hearing, the applicantrespondent''s counsel Shri Satya parkash Jain had expired and the appeal was decided on 31.7.2001 without issuing any notice to the applicantrespondent. The application is supported by an affidavit.
Learned counsel stated that an actual date notice for final hearing of the appeal was essential as counsel for the applicantrespondent had expired and the same was never served on the respondent and, therefore, the exparte judgment dated 31.7.2001 is liable to be set aside. He relies upon a judgment of this Court in Smt. Dropti v. Chinta and others, (1971)73 PLR 917 in support of his contention.
Notice of this application was issued to the appellant. No one appears on behalf of the appellant despite service to controvert the averments made in the application.
After hearing learned counsel for the applicantrespondent and in view of the law laid down in Smt. Dropti''s case (supra), the application is allowed subject to all just exceptions and the ex parte judgment dated 31.7.2001 is set aside and the appeal is restored to its original number.
To be listed for final hearing after notice to the appellant.