IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.1698/2009 Date of Decision:26.3.2009. Jagtar Singh and another ..........Petitioners. Versus Nishan Singh ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.B.S.Bajwa,Advocate for the petitioners-defendants. JASWANT SINGH,(Oral). Petitioners-defendants are in revision under Article 227 of the Constitution of India, against the order dated 27.1.2009 passed by the learned Additional Civil Judge (Senior Division) Batala, striking off their defence. It is apparent from the record that in a suit for permanent injunction filed by the respondent-plaintiff, petitioners-defendants appeared on 4.12.2006 and were proceeded ex parte on 25.5.2007. Thereafter they changed their counsel and moved an application for setting aside the order vide which they were ordered to be proceeded against ex parte. On the statement of learned counsel for the respondent-plaintiff that he has no objection if the ex parte order is set aside, the learned trial Court permitted the petitioners-defendants to join the proceedings, subject to payment of Rs.1000/- as costs and the case stood adjourned to 27.1.2009 for payment of costs to the respondent-plaintiff and filing of the written statement. CR NO.1698/2009 2 It is stated by the learned counsel that on 27.1.2009 the written statement was ready to be filed but since petitioners-defendants, did not have the requisite amount of Rs.1000/- to pay as costs, the same was not accepted and instead the impugned order, striking off their defence was passed. Learned counsel prays that since the case is at its initial stage, subject to payment of further appropriate costs so as to compensate the respondent-plaintiff, the impugned order be set aside and the petitioners be permitted to defend their case. In view of the circumstances stated above, the prayer made by the learned counsel for the petitioners deserves to be accepted. Hence the present revision petition is allowed, the impugned order dated 27.1.2009 is set aside, subject to payment of costs of Rs.4000/- (i.e. Rs.1000/- already imposed by the trial Court plus Rs.3000/- now being imposed in the present petition) to be paid to the respondent-plaintiff. This petition is being disposed of without issuing notice to the respondent so as to avoid delay and unnecessary litigation expenses to the respondent. Moreover, the respondent is being compensated by way of payment of costs to him. 26.3.2009. (Jaswant Singh) joshi Judge