Civil Revision No. 4451 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4451 of 2011 Date of Decision: 25.7.2011 *** Gurinder Singh Rai .. Petitioner Vs. Bhupinder Kaur & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. R.S. Pandher, Advocate for the petitioner. *** ARVIND KUMAR, J. The petitioner is being sued as defendant No.10 in the suit filed by plaintiff Bhupinder Kaur. During the proceedings, he was proceeded ex- parte on 14.8.2008. When the case was at rebuttal stage, he appeared and filed application for setting aside the ex-parte proceeding. Although, no objection was raised by learned counsel for the plaintiff, but the learned trial Court only permitted him to join the proceedings by setting aside the ex- parte order. Now the grouse of the petitioner is that though he has been permitted to join the proceedings subject to costs of Rs.5000/-, but that order is of no help to him since in absence of any pleadings or evidence on his behalf, he, at the best can be a spectator to the litigation, whereas it is he whose rights are substantially involved in the case. There is considerable force in this contention. The perusal of paper book reveals that there was no objection on behalf of the plaintiff in allowing the application for setting aside the ex-parte proceedings. As pointed out by learned counsel for the petitioner, it is the petitioner who has purchased the suit property and hence, he is directly and substantially connected to the lis. In this view of the matter, to decide the dispute between the parties, the learned trial Court ought to have given due opportunity to the petitioner to plead and prove his case. Even otherwise, the learned trial Court had adequately compensated the plaintiff by imposing the costs upon the petitioner. Civil Revision No. 4451 of 2011 2 In view of the discussion above, the instant petition is allowed and the impugned order is modified to the extent that the learned trial Court shall proceed with the case right from the stage when the petitioner was proceeded ex-parte and shall conclude the proceedings within the period of four months. Keeping in view the circumstances mentioned above, this petition is being disposed of without issuing any notice to the opposite party. If respondents are summoned to contest this litigation, they will have to incur huge expenses to defend this case. However, liberty is granted to the respondents that if they feel dissatisfied with this order, they may move an application to recall the same. (ARVIND KUMAR) JUDGE July 25, 2011 Jiten