CR No. 8054 of 2011 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No. 8054 of 2011 (O&M) Date of decision:- 23.12.2011 Baldev Singh ....Petitioner Vs. Bachittar Singh ....Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Surinder Garg, Advocate, for the petitioner. A.N. JINDAL, J (ORAL) This petition assails the order dated 16.02.2010 (Annexure P-2) passed by the Civil Judge (Senior Division), Bathinda, whereby the defence of the defendant-petitioner (hereinafter referred as 'the petitioner') was struck off. The petitioner has further sought modification in the order dated 20.08.2011 (Annexure P-5), whereby application filed by the petitioner for setting aside the exparte proceedings was partly allowed. Though the trial Court had set aside the exparte proceedings against the petitioner vide order dated 20.08.2011, yet he was not allowed to file written statement and to lead evidence in the suit. If the trial Court had exercised its discretion while setting aside the exparte proceedings, then it should have also CR No. 8054 of 2011 (O&M) directed the petitioner to file written statement and lead evidence. However, the fault committed by the petitioner could be compensated with costs. As such, this petition is accepted; the impugned order is set aside and the petitioner is permitted to file written statement and to lead evidence during the trial, subject to payment of Rs.15,000/- as costs. The costs imposed by this Court would be in addition to the cost imposed by the trial Court. This petition is disposed of without issuing notice to the respondent with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondent may move to this Court for recalling this order. (A.N.JINDAL) December 23, 2011 JUDGE ajp