Civil Revision No. 6262 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6262 of 2008 Date of decision: 22.05.2009. Jagdish Kaushal and others ...Petitioners Versus Central Bank of India ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Parveen K. Kateria, Advocate for the petitioner Mr. Alok Jagga, Advocate for the respondent ***** S.D.ANAND, J. The petitioner-defendant applied for the setting aside of the exparte proceedings in the year 2003. There was an averment, in the course thereof, that he refrained from appearing in the case as parties had come to terms and he was given to understand that he need not appear because the suit would be got dismissed as withdrawn. In that very context, the averment is to the effect that he had been depositing various amounts thereafter in terms of the compromise. The respondent-Central Bank of India did not dispute the deposit of various amounts at different points of time but disputed that there was any agreement that the suit shall be got dismissed as withdrawn. The learned Trial Court, without calling upon the parties Civil Revision No. 6262 of 2008 -2- **** to adduce evidence in support of their respective pleas, proceeded to decline the defendant-petitioner's plea (for the setting aside of exparte proceedings) vide impugned order dated 6.10.2008- Annexure P-1. In the scheme of things conceptualised under the Civil Procedure Code, a party raising a plea of the indicated category ought to get an opportunity to establish it. Likewise, the party opposite ought to get an opportunity as well to adduce evidence to the contrary. In this case, no opportunity at all was granted to the parties. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside. The parties, through their learned counsel, are directed to appear before the learned Trial Court on 2.6.2009. The learned Trial Court shall dispose of the plea filed by the defendant-petitioner afresh within a period of six months with effect from 2.6.2009. May 22, 2009 (S.D.Anand) Pka Judge `