IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5460 of 2007 Date of Decision:- 25.04.2008 Mrs.Resham Kaur ....Petitioner(s) through Mr.J.P.S.Chadha, Advocate vs. Major Singh and another ....Respondent(s) through Mr.P.S.Bajwa, Advocate *** CORAM:-HON'BLE MR.JUSTICE SURYA KANT. *** 1) Whether Reporters of the local papers 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? *** SURYA KANT, J. (ORAL) This revision petition is directed against the order dated 10.9.2007 passed by the learned Civil Judge (Jr.Division), SAS Nagar, Mohali whereby an application under Order 9 Rule 7 CPC moved by the petitioner-tenant to set aside the ex parte proceedings initiated against them in a suit for eviction, has been dismissed. The respondent-landlord has filed a suit for possession against the petitioner for her ejectment from Booth No.153, Phase VII, SAS Nagar, Mohali as well as for recovery of the arrears of rent at the rate of Rs.6500/- per month besides the damages at the rate of Rs.10,000/- per month and interest etc. The petitioner along with her co-defendant was proceeded ex parte on 24.4.2006. Thereafter, the petitioner moved an application under Order 9 Rule 7 read with Section 151 CPC to set aside the ex parte proceedings. The said application has, however, been dismissed by the C.R. No.5460 of 2007 -2- learned Civil Court being time barred vide the impugned order. It was also observed that the petitioner-tenant has not paid even a single penny against the admitted rate of rent. The application for setting aside the ex parte proceedings was not supported by an affidavit also. Aggrieved, the petitioner has preferred this revision petition. Notice of motion was issued and further proceedings before the learned trial Court were suspended. The matter thereafter came up for hearing on February 19, 2008 when in order to prove the petitioner's bonafide, an undertaking was given that she is ready and willing to pay the entire arrears of rent at the admitted rate of rent of Rs.3,385/- per month from 1.6.2004 till 29.2.2008. Admittedly, the rent at the aforesaid rate has now been paid by the petitioner till 31.3.2008 though neither interest nor the enhanced rent/damages or interest, as claimed by the respondent-plaintiff, has been paid or tendered by her. I have heard learned counsel for the parties and perused the impugned order on record. It is not in dispute that the petitioner has already filed her written statement. There is nothing on record to suggest that the issues were ever framed. At the same time, it is stated by learned counsel for the respondent-plaintiff that some of the witnesses have been examined by him. In my considered view, no legal right of such a high magnitude has accrued in favour of the respondent-plaintiff uptil now that in the event of setting aside of the ex parte proceedings, it might cause serious prejudice to him. The Court's endeavour should be to decide the lis on merits and after C.R. No.5460 of 2007 -3- observing the due process of law. Since the petitioner has paid the arrears of rent at this stage at the rate admitted by her, prima facie, there is no reason to doubt her bonafide at this stage. Consequently and for the reasons aforestated, the revision petiton is allowed; the impugned order is set aside and while allowing the petitioner's application under Order 9 Rule 7 CPC, the order dated 24.4.2006 whereby ex parte proceedings were initiated against her is also set aside, however, subject to payment of costs of Rs.5,000/- to the respondent-plaintiff. As an abundant precaution, it is clarified that the payment of rent by the petitioner at the rate of Rs.3,385/- per month does not preclude the respondent-landlord to seek recovery of the rent as per the rate claimed by him in the plaint along with interest and damages etc. Similarly, the payment/tendering of rent by the petitioner shall cause no prejudice to her legal rights. The parties are directed to appear before the learned Civil Court on 26.5.2008. Dasti. April 25, 2008 ( SURYA KANT ) poonam JUDGE