IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6707 of 2009(O&M) Date of Decision 04.12.2009 State of Haryana through Collector, Bhiwani and another ...... Petitioners VERSUS Dhan Singh and others ...... Respondents Civil Revision No.6792 of 2009(O&M) Date of Decision 04.12.2009 Gram Panchayat ...... Petitioner VERSUS Dhan Singh and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Ms.Mamta Singla Talwar, A.A.G., Haryana and Mr.Anil Ghangas, Advocate, for the petitioners. ***** A.N.JINDAL, J(ORAL): This order of mine shall dispose of aforesaid two petitions i.e. Civil Revision Nos.6707 and 6792 of 2009, filed by State of Haryana petitioner-defendant No.1 and Gram Panchayat petitioner-defendants No.2 and 3 respectively against the order dated 21.08.2009, passed by Additional Civil Judge (Senior Division), Laharu, vide which the defence of both petitioners has been struck of. There is no denying a fact that defence of the petitioners was struck of on the ground that they did not file the written statement. That being so, the parties were not at variance, the Court fell in error in framing the issues. Irrespective of the fact that the Court, on the evidence, if not Civil Revision No.6707 of 2009(O&M) -2- satisfied with the exparte evidence led by the plaintiffs and plaintiffs were unable to prove their case, could dismiss the suit but the issues could only be framed when the parties were at variance. As such, the impugned order is apparently illegal. The Court in its expertise should have been alive this fundamental principle of legal process and should also take care in future also. An earnest prayer has been made by the petitioners that they need only one opportunity to file the written statement Hence. Since the matter is riverted back from the framing of issues, as also with a view to impart complete justice to the parties so that the petitioners may not remain undefended, I provide one opportunity to the petitioners to file written statement, subject to payment of costs of Rs.500/-. Disposed of accordingly. This petition is disposed of without issuing notice to the respondent(s) with a view to impart complete justice to the parties and to save huge expenses which may be incurred by the respondent(s) as also in order to avoid unnecessary delay in adjudication of the matter. If, still dissatisfied, the respondent(s) may move this Court for recalling this order. (A.N.Jindal) Judge 04.12.2009 mamta-II