IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5434 of 2010 (O&M) Date of Decision 25.01.2011 Raj Kumar ...... Petitioner VERSUS Om Parkash and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.S.K.Singla, Advocate, for the petitioner. Mr.R.S.Minhas, Advocate, for the respondents. ***** A.N.JINDAL, J: Challenge in this petition is to the order dated 04.02.2010, passed by Civil Judge (Junior Division), Karnal, dismissing the application of the petitioner-defendant No.11 for setting aside the ex-parte order dated 09.04.2009. It has been admitted by both the parties that the petitioner has already been allowed to join the proceedings and he has also cross- examined two witnesses. Learned counsel for the petitioner has made a request that the proceedings in the case are required to be formally set aside and he may be provided one opportunity to cross-examine Om Parkash (PW1), who has been examined in his absence. In view of the situation that the case should be decided on merits after hearing both the parties and the fact that the petitioner has already joined the proceedings and cross-examined the witnesses, the impugned order is liable to be set aside. Resultantly, I allow the present petition, set aside the impugned order and direct the trial Court to provide opportunity(s) to the petitioner to cross-examine Om Parkash (PW1), subject to payment of Rs.2,000/- as costs. (A.N.Jindal) Judge 25.01.2011 mamta-II