High Court (C.R.) allowed petitioners' challenge to an order setting aside an ex parte decree against respondents accused of murder, holding no ground for interference.
Petitioners' writ petition dismissing the challenge to impugned order dismissed.
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C.R. No. 6763 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.R. No. 6763 of 2009
Date of Decision: November 19, 2009
Guddi and another
…..Petitioners
Vs.
Hemant @ Sethi and another
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. S.S. Sangwan, Advocate for the petitioners.
-.-
M.M.S. BEDI, J. (ORAL)
Vide impugned order, the Civil Court in the exercise of its discretion set aside the order dated January 17, 2009 proceeding against the defendant- respondents ex-parte. They have been permitted to join the proceedings subject to payment of costs.
Counsel for the petitioners submits that since defendant No.1 is guilty of having murdered the husband of petitioner No.1 and defendants
C.R. No. 6763 of 2009 [2]
having not come to the Court with clean hand, the application for setting aside the ex-parte proceedings should be dismissed.
After hearing counsel for the petitioners, I am of the opinion that on the basis of the allegations which have been levelled against defendant- respondent No.1, he cannot be denied the opportunity to contest the suit filed by the plaintiff- petitioners, as such no ground is made out for interference in the impugned order which is apparently passed in exercise of discretion vested in the Court.
Dismissed. November 19, 2009 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether the impugned order setting aside ex parte proceedings against respondent- defendants who are accused of a murder should be interfered with.
Guddi and another
Hemant @ Sethi and another
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
