IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2251 of 2010 (O&M) Date of Decision 22.02.2011 Nanaki ...... Petitioner VERSUS Sadiq and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Gautam Diwan, Advocate, for Mr.Vineet Chaudhary, Advocate, for the petitioner. Mr.Rakesh Dhiman, Advocate, for respondent No.7. ***** A.N.JINDAL, J: Challenge in this petition is to the order dated 04.01.2010 (Annexure P-3), passed by the Addl. Civil Judge (Senior Division), Naraingarh, dismissing the application of the petitioner-plaintiff for setting aside the ex-parte order dated 03.10.2008. Vide order dated 03.10.2008, the suit of the petitioner-plaintiff was dismissed qua defendant Nos.2 to 6. However, the case is pending adjudication against defendant Nos.1 and 7. It is well settled by now that the meritorious claims cannot be thrown away untried in the dustbin but the Court should make an endeavour to adjudicate the lis on merits. Since the suit is being contested by defendant Nos.1 and 7, therefore, it would not cause any prejudice to them if defendant Nos.2 to 6 also contest the suit. However, the delay if any could be compensated with costs. Resultantly, this petition is accepted, impugned order is set aside and the petitioner would continue with the suit against defendant Nos.2 to 6 also, subject to payment of Rs.10,000/- as costs. (A.N.Jindal) Judge 22.02.2011 mamta-II