Civil Revision No.3067 of 2009 [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Civil Misc.No.15801-CII of 2009 Civil Revision No.3067 of 2009 (O&M) Decided on : July 13, 2009 Sudhir Sood ... Petitioner VERSUS Janak Raj and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Surinder Mohan Sharma, Advocate for the petitioner. A.N.JINDAL, J.- CM No.15801-CII of 2009 is allowed and the affidavit of the petitioner dated 10.7.2009 is taken on record. CR No.3067 of 2009 : Counsel for the petitioner Mr.S.M.Sharma, Advocate has stated at Bar that the petitioner would adopt the written statement filed by defendant Surjit – defendant No.5 and would not press for any issues. He has further undertaken to adopt the statements of the witnesses as well as the cross-examination conducted upon them. It is prayed that the petitioner may be allowed to participate in the suit from the present stage i.e. defendants' evidence. Reliance has been placed upon Raghubar vs. Board of Revenue for Rajasthan, 1999(1) Civil Court Cases 73 Civil Revision No.3067 of 2009 [ 2 ] (Rajasthan), wherein, it was observed that simply because an order for ex parte proceedings has been passed against the defendant, and even if such an order becomes final, still then he neither becomes non-existent party nor cased to be a party in the suit. In view of the above, the instant petition is allowed. The petitioner shall be allowed the join the proceedings from the present stage i.e. defendants' evidence (as disclosed by the counsel). However, he shall not be allowed to recall the witnesses of the plaintiff either for examination or for cross-examination, but shall be able to examine any witness in his evidence. This petition is disposed of without issuing notice to the respondents with a view to imparting complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move this court for recalling this order. July 13, 2009 ( A.N.JINDAL ) `gian' JUDGE