CR No.3779 of 1997 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.3779 of 1997 Date of Decision: 7 - 8 - 2009 Makhan Singh and another ....Petitioners v. Narinder Kaur and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Manish Joshi, Advocate for Mr.Aman Kashyap, Advocate for the petitioners. Mr.Narinder Lucky, Advocate for Mr.G.S.Nagra, Advocate for the respondents. *** KANWALJIT SINGH AHLUWALIA (ORAL) Petitioners are aggrieved against order dated 2.5.1997 passed by the Additional Civil Judge (Sr.Division), Kapurthala whereby they were sentenced to undergo two months simple imprisonment under Order 21, Rule 32 CPC. Present revision petition was admitted on 13.11.1997. At that time, Mr.G.S.Nagra, Advocate had caused appearance for the respondents. Mr.Narinder Lucky, Advocate appearing on behalf of Mr.G.S.Nagra, Advocate state that the respondents had taken the brief and he has no instructions to defend the present petition. The present petition is pending CR No.3779 of 1997 [2] since 1997. Twice this Court has adjourned the matter. Primary grievance of the petitioners is that ex parte order dated 2.5.1997 awarding two months simple imprisonment was passed as no opportunity was afforded to the petitioners. Fair play and equity demand that petitioners should have been afforded an opportunity to explain to the Court that there is no commission or omission on their part which warrants punishment. Accordingly, the present revision petition is allowed and ex parte order dated 2.5.1997 is set aside. The matter is remanded back to the Court of Additional Civil Judge (Sr. Division), Kapurthala to decide Petition No.24/24.8.1995 filed under Order 21 Rule 32 CPC afresh, after affording opportunity of hearing to the petitioners. Petitioners are directed to remain present before the Court of Additional Civil Judge (Sr. Division), Kapurthala on 25.8.2009 at 10.00 A.M.. ( KANWALJIT SINGH AHLUWALIA ) August 7, 2009. JUDGE RC