Jagdish Kaushal And Others vs Central Bank Of India on 22 May, 2009

Civil Revision No. 6262 of 2008                    -1-

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      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH


                        Civil Revision No. 6262 of 2008
                        Date of decision: 22.05.2009.


Jagdish Kaushal and others                         ...Petitioners


                                Versus

Central Bank of India                              ...Respondent


CORAM: HON'BLE MR. JUSTICE S.D.ANAND.

Present:   Mr. Parveen K. Kateria, Advocate for the petitioner

           Mr. Alok Jagga, Advocate for the respondent

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S.D.ANAND, J.

The petitioner-defendant applied for the setting aside of

the exparte proceedings in the year 2003. There was an averment,

in the course thereof, that he refrained from appearing in the case as

parties had come to terms and he was given to understand that he

need not appear because the suit would be got dismissed as

withdrawn. In that very context, the averment is to the effect that he

had been depositing various amounts thereafter in terms of the

compromise.

The respondent-Central Bank of India did not dispute the

deposit of various amounts at different points of time but disputed

that there was any agreement that the suit shall be got dismissed as

withdrawn. The learned Trial Court, without calling upon the parties
Civil Revision No. 6262 of 2008 -2-

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to adduce evidence in support of their respective pleas, proceeded to

decline the defendant-petitioner’s plea (for the setting aside of

exparte proceedings) vide impugned order dated 6.10.2008-

Annexure P-1.

In the scheme of things conceptualised under the Civil

Procedure Code, a party raising a plea of the indicated category

ought to get an opportunity to establish it. Likewise, the party

opposite ought to get an opportunity as well to adduce evidence to

the contrary. In this case, no opportunity at all was granted to the

parties.

In the light of the foregoing discussion, the petition shall

stand allowed. The impugned order shall stand set aside. The

parties, through their learned counsel, are directed to appear before

the learned Trial Court on 2.6.2009. The learned Trial Court shall

dispose of the plea filed by the defendant-petitioner afresh within a

period of six months with effect from 2.6.2009.

May 22, 2009                                  (S.D.Anand)
Pka                                              Judge



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