C.R. No.5336 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.5336 of 2007. Decided on July 22, 2009. Manbe Ram and others. .. Petitioners VERSUS Jagmal Singh and others. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI Present Mr.Naresh Kaushal, Advocate, for the petitioners. Mr.R.D.Yadav, Advocate, for the respondents. M.M.S. BEDI, J . (ORAL) The petitioners are defendants in a suit for declaration and injunction filed by the plaintiffs-respondents Jagmal Singh and others. The application of the petitioners for setting aside the ex parte proceedings ordered against them on 07.03.2002, has been dismissed vide impugned order dated 22.08.2007, on the ground that the petitioners had come to know about the suit when they had received a notice in an appeal filed by the plaintiffs- respondents against the refusal of interim injunction to them. The C.R. No.5336 of 2007 -2- appeal was instituted on 06.11.2004, whereas the application for setting aside the ex parte proceedings has been filed on 15.01.2007. On account of said delay, the trial Court refused to set aside the ex parte proceedings. I have heard counsel for the petitioners as well as counsel for the respondents. During the course of arguments, it transpired that plaintiffs-respondents had filed an appeal against the order of refusal of grant of interim injunction to them. The file of the trial Court had been summoned. The appeal under Order 43 Rule 1 CPC was decided on 13.11.2006 i.e., towards the end of year 2006. The petitioners-defendants could have filed an application for setting aside the ex parte proceedings only after the file was received back by the trial Court. The application for setting aside ex parte proceedings was filed on 15.01.2007. The date of receipt of file by the trial Court from the Appellate Court must have been in the month of December. There does not appear to be any inordinate delay. Above said circumstances indicate that there was a plausible reason for not approaching the Court for getting the ex parte proceedings dated 07.03.2002, set aside. Even otherwise, the defendants- petitioners deserve an opportunity to contest the suit filed by the plaintiffs-respondents. However, in view of the above circumstances, order dated 22.08.2007, is set aside and the ex parte proceedings dated 07.03.2002, are hereby set aside subject to payment of Rs.10,000/- as costs. Parties are directed to appear before the Trial C.R. No.5336 of 2007 -3- Court on 22.08.2009. On said date, the costs of Rs.10,000/- will be paid by the petitioners to the plaintiffs-respondents. Disposed of. (M.M.S.BEDI) July 22, 2009. JUDGE rkarora