CR No.6566 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No.6566 of 2008 Date of decision March 5, 2009 Kanwar Singh and others ....... Petitioners Versus Raj Kumar and another ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. Hemant Bassi, Advocate for the petitioner. Mr. Rakesh Nehra, Advocate for the respondents. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest? No K. Kannan, J (oral). 1. The application to set aside an ex-parte order filed at the instance of the defendants was allowed. Admittedly the decree had not been passed and the plaintiff respondent in the application is revision petitioner before this Court. 2. The Courts shall always be liberal in matters of consideration of applications for setting aside orders and especially when the decree is not even passed and there had no commencement of actual proceedings at the trial. The only objection by the counsel for the petitioner is that the defendants knew about the dates of hearing when the defendants had been set ex-parte, long time prior to the date when the petition was filed for setting aside the ex-parte order. Even if there had been a delay, it was not as such to take away the right of the defendant to CR No.6566 of 2008 2 contest the case on merits. The suit was for relief in relation to immovable property and it would only be just and proper that parties had full fledged opportunity to contest the case on merits. 3. There is no scope for interference in the revision petition. The same is accordingly dismissed. (K. KANNAN) JUDGE March 5, 2009 archana