IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.631 of 2009 Date of Decision:4/2/2009 Darshan Singh and others ..........Petitioners. Versus Onkar Singh and others ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. Malkeet Singh,Advocate for the petitioners-JDs. JASWANT SINGH,J Present revision petition under Article 227 of the Constitution of India has been filed by petitioners-Judgment Debtors, for setting aside the order dated 15.11.2008 (Annexure P/1) passed by the learned Executing Court whereby the petitioners-JDs have been ordered to be proceeded ex parte and warrant of possession has been issued without deciding their application for recalling order dated 9.8.2008 and all the subsequent proceedings arising therefrom. A perusal of the impugned order reveals that on 15.11.2008 none had put in appearance on behalf of the petitioners-JDs and they were ordered to be proceeded against ex parte. Learned counsel for the petitioners-JDs prays for setting aside the impugned order subject to payment of costs. After hearing the learned counsel and perusing the impugned orders, I am of the opinion that failure on the part of the petitioners-JDs to CR NO.631 of 2009 2 appear on one date can certainly not be termed as delaying tactic, especially when no substantial right of the other party is likely to be affected. No doubt, Court's endeavour should always be to ensure expeditious disposal, however, law does not normally relish disablement of a party from resisting a claim on technical count. The law encourages/demands adjudication on merits on the basis of the pleadings of the parties and the evidence adduced by them in support of their respective pleas at the trial rather than shutting the disputes on technicalities. Accordingly, this revision petition is allowed in limine-without issuing any notice to contesting respondent no.1-DH, to avoid further delay and to save him from unnecessary expenditure to contest this revision petition before this Court-, impugned order dated 15.11.2008 (Annexure P/1) is set aside and the learned Executing Court is directed to permit the petitioners-JDs to join the proceedings and to proceed further in the matter in accordance with law. However, this shall be subject to payment of costs of Rs.5000/-, to respondent no.1-DH. Disposed of. 4.2.2009. (Jaswant Singh) joshi Judge