IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 459 of 2009 Date of Decision: 01.10.2009 Paras Ram …..Petitioner Versus Inder Singh Damseth …. Respondent Coram The Hon’ble Mr. Justice Kuldip Singh, Judge Whether approved for reporting?1 For the Petitioner : Mr. Virender Singh Chauhan, Advocate For the Respondent : Mr. Aruna Sharma, Advocate Kuldip Singh, Judge (Oral). This is a petition under Article 227 of the Constitution of India for setting aside order dated 12.6.2009 vide which the suit has been fixed for the plaintiff’s evidence after setting aside the order dated 18.4.2009. It has been submitted on behalf of the petitioner that on 19.2.2009, the petitioner put in appearance in the Court below through his counsel and he was granted time to file written statement on 18.4.2009 subject to the provisions of Order 8 Rule 1 CPC. On 18.4.2009, none appeared on behalf of the petitioner in the Court below and he was proceeded ex-parte and suit was Whether the reporters of the local papers may be allowed to see the Judgment? …2… fixed for ex-parte evidence of the plaintiff on 12.6.2009. The petitioner filed an application in the Court below for setting aside ex-parte order dated 18.4.2009 which was considered by the trial Court and on behalf of the respondent no objection was given for allowing the application. The trial Court on 12.6.2009 allowed the application for setting aside ex-parte order dated 18.4.2009 and fixed the suit for plaintiff’s evidence on 21.8.2009. The second part of the order dated 12.6.2009 fixing the suit for plaintiff’s evidence has been assailed by the petitioner in the present petition. 2. I have heard learned counsel for the parties and gone through the record. The order dated 18.4.2009 was set aside by the trial Court on 12.6.2009, therefore, the parties would be relegated to the position as existed on 19.2.2009 on which date permission was granted to the petitioner to file written statement subject to the provisions of Order 8 Rule 1 CPC. After 19.2.2009, no order was passed by the trial Court for closing the right of the petitioner to file written statement. In view of the fact that order dated 18.4.2009 has been set aside vide order dated 12.6.2009, therefore, the petitioner has right to file written statement subject to Order 8 Rule 1 CPC, more particularly when his right to file written statement was not closed by the trial Court. Accordingly, petition is allowed. The second part of the order dated 12.6.2009 whereby the suit has been fixed for …3… respondent’s/plaintiff’s evidence is set aside. The parties through their counsel are directed to appear before trial Court on 22nd October, 2009 and trial Court shall proceed with the suit in accordance with law. The record of the trial Court be sent back immediately so as to reach before the date fixed. The petition stands disposed of. CMP No. 540 of 2009 Infructuous. ( Kuldip Singh ) Judge October 1, 2009 *brb*