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2021 (6) TMI 992 - HC - Indian LawsPrinciples of natural justice - ex-parte judgement - suit for recovery - pronote and receipt was stated to have been returned to the respondent at the time of compromise - Order 9 Rule 13 read with Section 151 CPC - notice of the application under Order 21 Rule 66 CPC - HELD THAT:- Respondent had duly proved another pronote and receipt dated 06.06.2014 in favour of Amardeep Kaur, the original of which was produced before the said Court. The said pronote and receipt was stated to have been returned to the respondent at the time of compromise by Amardeep Kaur. Respondent has indeed successfully proved that he had sufficient reason for not appearing before the trial Court as has been averred. Apprehension raised by learned counsel for the petitioner that such a finding would prejudicially affect the petitioner at the time of trial of the suit is unfounded, as it is abundantly clear that learned trial Court shall proceed to decide the matter on the basis of evidence to be led before it by the respective parties. Whether or not the present transaction was a part of compromise arrived at between the petitioner and the respondent, is clearly the subject matter of trial and shall be decided accordingly by the learned trial Court on the basis of evidence, which would be produced before it. Petition dismissed.
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