Revision petition allowed. Impugned orders dated 10.9.2010 and 11.5.2011, which proceeded against petitioner ex-parte and dismissed application to set aside, were set aside. Petitioner-defendant allowed to join proceedings.
Impugned orders dated 10.9.2010 and 11.5.2011 set aside. Petitioner-defendant No.1 allowed to join proceedings.
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Civil Revision No.3899 of 2011 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.3899 of 2011 Date of decision: September 16, 2011.
Gauri Shankar
... Petitioner
v.
Jagbir Singh & Another
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Shri Bahadur Singh, Advocate, for the petitioner.
Shri Vikrant Rana, Advocate, for respondent No.1.
Kanwaljit Singh Ahluwalia, J. (Oral):
Present revision petition has been filed seeking quashing of the impugned order dated 10.9.2010 (Annexure P-1) passed by Civil Judge (Junior Division), Charkhi Dadri whereby the petitioner-defendant No.1 to the suit was proceeded against ex-parte. Challenge has also been made to the order dated 10.5.2011 (Annexure P-3) passed by the Trial Judge whereby application moved by the petitioner-defendant No.1 for setting aside the ex-parte order dated 10.9.2010 was dismissed.
Counsel for the petitioner has read over the impugned order Annexure P-3 wherein it has been noticed by the Trial Judge that on 10.9.2010 defendant could not appear as he was attending to his wife who was undergoing treatment. In support of this contention, medical certificate dated 9.9.2010 was produced but the Trial Judge had not recalled the order
Civil Revision No.3899 of 2011 -: 2 :-
of ex-parte proceedings only on the ground that the application was filed after a delay of 20 days.
After hearing Counsel for the parties, this Court is of the view that the principles of equity, justice and fair play demand that due opportunity ought to be given to the petitioner-defendant No.1 to defend himself. Thus, the revision petition is allowed and the impugned orders dated 10.9.2010 (Annexure P-1) and 11.5.2011 (Annexure P-3) are set aside. Petitioner-defendant No.1 is allowed to join the proceedings.
September 16, 2011. kadyan
1 issue framed by the court
Whether the impugned orders passing ex-parte proceedings and dismissing the application to set aside the same should be quashed in view of principles of equity and fair play.
Gauri Shankar
Jagbir Singh
Another
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
