C.R. No. 6287 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- C.R. No. 6287 of 2010 (O&M) Date of decision:- 2.12.2010 Shweta & Ors. ... Petitioners. Versus Mukhtiar Singh & Ors. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Karan Singh, Advocate, for the petitioner. Mr. Sanjay Pal Singh, Advocate, for the respondents. Gurdev Singh, J (oral) Heard. This civil revision under Article 227 of the Constitution of India by the petitioners, who are defendants before the trial Court in civil Suit No.8/2008 titled Mukhtiar Singh Vs. Narender Singh & Ors., is directed against the order dated 25.7.2009 vide which they were proceeded against ex parte and order dated 2.8.2010 vide which the application filed by them for setting aside that ex parte order was dismissed. There is no dispute about the facts between the parties. On 25.7.2009, the present petitioners/defedants No. 4 to 6 did not appear before the trial Court as a result of which they were proceeded against ex parte. On 4.2.2010, they moved an application for setting aside the ex parte proceedings which was dismissed on 2.8.2010 on the ground that the same was not filed within limitation. Learned trial Court committed an illegality by dismissing the application on the ground of limitation as no such period C.R. No. 6287 of 2010 (O&M) -2- of limitation is prescribed for filing such application. The order dated 2.8.2010 cannot be sustained and is hereby set aside. The trial Court is directed to decide the application filed by the petitioners on merits after giving them an opportunity to produce their evidence in support of the contentions made therein and that evidence can be in the form of the affidavit. The revision petition decided accordingly. December 2, 2010 (Gurdev Singh) tripti Judge