CR No. 7372 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 7372 of 2011 (O&M) Date of decision: July 3, 2012 Kirti Parshad and another ...Petitioners Versus Ashok Kumar and others ...Respondents CORAM:- HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Malkeet Singh, Advocate, for the petitioners. Mr. Rajiv Joshi, Advocate, for respondent No.1. A.N. JINDAL, J. (Oral) An agreement to sell dated 5.7.2002 in this case was entered between Ashok Kumar and Veena Rani. Kirti Parshad was not a party to the said agreement. However, a suit was filed on 5.6.2006 and he was proceeded against ex-parte on 7.8.2006. It cannot be denied that Kirti Parshad (being the husband of Veena Rani) was not in the knowledge of the proceedings pending before the court. But he has filed the present application for setting aside the ex-parte order dated 7.8.2006 after a lapse of four years. Under the circumstances, setting aside of the ex-parte proceedings qua Kirti Parshad would amount to setting the clock back and it would delay the expeditious disposal of the suit. Furthermore, I have been apprised that the case is still at the stage of evidence of the defendants. Since the interests of Veena Rani and that of Kirti Parshad are the same and, CR No. 7372 of 2011 2 therefore, purpose would be served, if Kirti Parshad is permitted to join the proceedings from the stage the case is pending. Under these circumstances, the revision is partly allowed. The petitioner is allowed to join the proceedings from the stage the case is pending and consequently he is also permitted to lead evidence of his choice. The value of such evidence would be decided at the conclusion of the trial. July 3, 2012 (A.N. JINDAL) prem JUDGE