ORDER 1. LEAVE GRANTED. 2. A SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT FOR SALE OF AN IMMOVABLE PROPERTY WAS FILED IN THE COURT OF ADDITIONAL CIVIL JUDGE (SD), KARNAL AND REMAINED PENDING THEREAT UNTIL 24-2-1997. ON THAT DATE, IT CAME TO THE NOTICE OF THE COURT THAT THE VALUATION OF THE SUIT WAS RS 6 LAKHS WHICH WAS BEYOND HAS THE PECUNIARY JURISDICTION OF THAT COURT. THE LEARNED CIVIL JUDGE (JR. A DIVISION) DIRECTED THE RECORD OF THE CASE TO BE PLACED BEFORE THE DISTRICT AND OF SESSIONS JUDGE, KARNAL WHO, BY AN ADMINISTRATIVE ORDER, DIRECTED THE SUIT TO BE TRANSFERRED TO THE COURT OF ADDITIONAL CIVIL JUDGE (SR. DIVISION), KARNAL. THE SUIT PROCEEDED EX PARTE AND WAS DISPOSED OF ON 31-3-1997 BY AN EX PARTE DECREE IN FAVOUR OF RESPONDENT 1 AND AGAINST THE APPELLANT. IT IS NOT DISPUTED THAT THE TRANSFEREE COURT DID NOT ISSUE ANY NOTICE TO THE APPELLANT WHO WAS DEFENDANT 1 IN THE TRIAL COURT. THE LEARNED SENIOR COUNSEL FOR THE APPELLANT HAS INVITED OUR ATTENTION TO RULE 6 IN CHAPTER 13 OF THE PUNJAB AND HARYANA HIGH COURT RULES AND ORDERS WHICH PROVIDES FOR A NOTICE BY THE TRANSFEREE COURT BEING ISSUED TO THE PARTIES IF THE PARTIES ARE NOT PRESENT BEFORE THE TRANSFEREE COURT. THE FAILURE TO ISSUE NOTICE TO THE DEFENDANT-APPELLANT HAS OCCASIONED A FAILURE OF JUSTICE. THE EX PARTE DECREE, THEREFORE, DESERVES TO BE SET ASIDE. 4. THE APPEAL IS ALLOWED. THE EX PARTE DECREE PASSED BY THE LEARNED ADDITIONAL CIVIL JUDGE (SR. DIVISION), KAMAL IN CIVIL SUIT NO. 383 OF 1994 IS SET ASIDE. THE APPELLANT SHALL BE ALLOWED THE LIBERTY OF PARTICIPATING IN THE HEARING OF THE SUIT AND THEREAFTER THE SUIT SHALL BE HEARD AND DECIDED IN ACCORDANCE WITH LAW. 5. THE PARTIES THROUGH THEIR LEARNED COUNSEL ARE DIRECTED TO APPEAR IN THE COURT OF ADDITIONAL CIVIL JUDGE (SR. DIVISION), KAMAL, ON 13-9-2004. 6. NO ORDER AS TO THE COSTS.