Bhola Singh vs Santokh Singh on 24 February, 2009

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                          Civil Revision No.4046 of 2008
                          Date of decision: 24.2.2009

Bhola Singh
                                                          ...Petitioner

                                    Versus

Santokh Singh                                             ...Respondent


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

Present:     None for the petitioner

             Mr. Kuldeep V. Singh Ahluwalia, Advocate for the respondent.


S.D.ANAND, J.

The learned Trial Court, vide impugned order, disallowed a
plea put forward by the defendant-petitioner for setting aside of the exparte
order. However, the learned Trial Court “allowed the defendant-petitioner
to join the proceedings at this stage.”

Though none has entered appearance on behalf of the
petitioner to assist this Court, it is apparent that the impugned order has to
be invalidated. In the present case, the defendant-petitioner had denied
having ever refused to accept the service. The Trial Court did not record
the testimony of concerned Postman. Infact, the learned Trial Court did not
even frame an issue with regard to sufficiency or otherwise of the ground
for setting aside of the impugned exparte order.

In the light of the foregoing discussion, the petition shall stand
allowed. The impugned order shall stand set aside. The plea for setting
aside exparte proceedings shall stand allowed subject to payment of
Rs.3000/- as costs. The respondent, through his learned counsel, is
directed to appear before the learned Trial Court on 9.3.2009. It will be for
the learned Trial Court to secure the presence of defendant-petitioner
before proceeding with the trial.

February 24, 2009                                  (S.D.Anand)
Pka                                                   Judge