R.S.A No. 263 of 2008 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 263 of 2008 (O&M) Date of decision : May 05, 2010 Mange Ram, ...... Appellant (s) v. Pawan Singh, ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. S.K.Yadav, Advocate for the appellant. Mr. R.K.Lamba, Advocate for the respondent. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) On 20.4.2010, this case was adjourned to enable counsel for the appellant to inquire from the appellant whether he was prepared to fulfill the condition prescribed in the order. Counsel for the appellant states that the appellant is prepared to do so. In the circumstances, the appellant is directed to make a fixed deposit of Rs.5 lacs in the name of the learned Civil Judge (Senior Division) Rewari. Counsel for the respondent has gracefully stated that in view of R.S.A No. 263 of 2008 (O&M) ::2:: the fact that the interest of the respondent has been secured by the creation of the fixed deposit, he would have no objection in case the exparte decree is set aside and the matter is remanded back to the trial Court for a fresh decision but with a caveat that the trial Court may be directed to decide the matter expeditiously since as a result of this order, the case would have been relegated for a period of almost 9 years. He has further prayed that costs should be imposed upon the appellant because even as per his own case he had attained the knowledge on 22.9.2004 while the application was filed only on 27.10.2004. In view of the fair stand of counsel for the respondent, this appeal is allowed, the ex-parte judgment and decree are set aside and the matter is remanded back to the Civil Judge (Senior Division) Rewari from the stage of filing of written statement. As agreed by counsel for the parties, one opportunity shall be granted to the appellant for filing his written statement. Thereafter, two opportunities shall be granted to the respondent for filing replication, if any, and for framing issues. Counsel for the parties have also agreed that both the parties shall conclude their evidence within three effective opportunities each. In view of this agreement, the learned Civil Judge (Senior Division) Rewari is directed to decide the case within a period of one year from the receipt of a certified copy of this order. The appellant shall pay costs of Rs.10,000/- to the respondent by way of demand draft in favour of the respondent. The parties, through their counsel, are directed to appear before the aforesaid Court on 19.5.2010. Let a copy of this order be given dasti to counsel for the parties R.S.A No. 263 of 2008 (O&M) ::3:: on payment of usual charges. As the main appeal has since been allowed, all the pending civil miscellaneous applications, if any, also stand disposed of. ( AJAY TEWARI ) May 05, 2010. JUDGE `kk'