IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 129 of 2010 Date of decision: 24.11.2010 Jagdish …Petitioner. Versus Rajender Kumar and another …Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No For the petitioner: Mr. M.L.Brakta, Advocate. For the respondents: None. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 6th March, 2010 whereby the application filed by the defendant for setting aside the ex- parte proceedings had been dismissed in default. Notice of this petition was issued to the respondents but they have not appeared and it seems that they are not seriously interested in opposing this petition. 2. I had directed the petitioner to produce the certified copy of the Zimnee orders and I find that on 1st April, 2009 defendant No.2 was proceeded 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 against ex-parte and time was prayed for filing written statement on behalf of defendant No.1. Opportunity was again given to defendant No.1 to file written statement on 7.5.2009, 8.5.2009, 19.5.2009, 6.6.2009, 24.7.2009 and on 20.8.2009 the defendant No.1 did not appear and was proceeded against ex-parte. The case was listed on 19.11.2009 for ex-parte evidence of the plaintiff but in the meantime an application under Order 9 Rule 7 CPC was filed which has been dismissed in default vide the impugned order. 3. In my view interest of justice will be met in case the petitioner is given an opportunity to contest the matter on merits since as per the Zimnee orders till date the plaintiff has not led any evidence. Now, the case is fixed on 20.12.2010 for the evidence of the plaintiff. Since the suit is at the initial stage, this petition is allowed, the ex-parte proceedings against the petitioner are set-aside and the petitioner is allowed to contest the proceedings and file written statement. Written statement be filed on or before 20th December, 2010, the date already 3 fixed. This petition is allowed subject to payment of costs of Rs.3,000/- which should be paid to the plaintiff on 20.12.2010. In case costs are not paid or written statement not filed on the said date this petition is deemed to have been dismissed. Dasti copy. 24th November, 2010 (Deepak Gupta) ™ Judge