IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 4345 of 2009 Date of Decision: 4.8.2009 Gram Panchayat village Katesra ....Petitioner. Versus Virender ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Vimal S. Mann, Advocate for the petitioner. AJAY KUMAR MITTAL, J. In this revision petition filed under Article 227 of the Constitution of India, the prayer is for setting aside the order dated 9.6.2009 (Annexure P-1) whereby the trial court had refused to set aside the order dated 5.4.2006 vide which the petitioner-defendant was proceeded against ex parte in the civil suit. Learned counsel for the petitioner submitted that after being served the defendant-petitioner had filed the written statement and had been appearing in the case. However, on 5.4.2006, when the counsel for the defendant-petitioner was not well, he did not appear and the defendant-petitioner was proceeded against ex parte. The non- appearance was unintentional and application filed on 26.4.2008 for setting aside the ex parte proceedings which took place on 5.4.2006, has been erroneously declined by the trial court. I have heard the learned counsel for the petitioner and have perused the record. C.R. No. 4345 of 2009 -2- The defendant-petitioner was proceeded ex parte on 5.4.2006, whereas an application for setting aside ex parte proceedings that took place on 5.4.2006 was filed on 26.4.2008, i.e. after more than two years. No explanation much less a satisfactory one has been furnished for such an inordinate delay. This is a case of serious negligence on the part of the defendant to pursue the litigation. No ground for exercise of its jurisdiction by this Court under Article 227 of the Constitution of India is made out. Dismissed. August 4, 2009 (AJAY KUMAR MITTAL) gbs JUDGE