Kidar Nath vs Laxmi Devi and others

T.P.S. Mann, J.—In view of the law laid down in the case of Bijay Kumar Vs. Shri Sanatan Dharam High School, Bhiwani, 2008(4) CCC 94, Luxmi Devi, one of the defendants, who was earlier proceeded against ex parte on 24.1.2000 could join and participate in the proceedings at the time of her appearance without getting the ex parte order set aside. Under these circumstances, no relief can be granted to the petitioner in the present revision. However, counsel for the petitioner states that a direction be issued to the trial Court to decide the application for final decree within a specified time as the same is pending since long. The preliminary decree was passed on 31.5.1994 and the application for passing of final decree was filed in the year 1999.

In view of the above, the revision is without any merit and, accordingly, dismissed. However, directions are issued to the trial Court to conclude the proceedings regarding passing of the final decree within a period of six months from the date of receipt of certified copy of the order.