C.R. No.3870 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.3870 of 2009 Date of Decision: 15.07.2009 Rajbir and another ...Petitioners VERSUS Ram Rati and others ...Respondents CORAM: HON'BLE MR.JUSTICE AJAY TEWARI Present: Mr. K. S. Dhanora, Advocate for the petitioners. *** AJAY TEWARI J. (ORAL) This revision has been filed against order dated 12.06.2009 whereby the application of the petitioners for setting aside ex-parte proceedings dated 23.07.2007 has been rejected. The learned Court has noticed that the plea taken was that the learned counsel for the petitioners had told them that they need not to appear on every date of hearing and that he would inform them as and when they are to be required to appear. Interestingly, this application was filed by some other counsel. Further when the matter came up on 28.05.2009 and the Court adjourned it to 29.05.2009 for ex-parte consideration, immediately the present application was filed. No explanation was given as to how the petitioners had come to know that the case was pending for that date. Further even though there was no application for inspection of record of the C.R. No.3870 of 2009 -2- case file yet the petitioners knew the exact date on which they had been proceeded against ex-parte two years ago. No affidavit of the counsel who had instructed them not to appear on each and every date is placed on record. On the basis of these facts, the learned trial court held that the petitioners were actually watching the case and took the calculated risk to derail the proceedings by moving an application for setting aside the ex- parte proceedings at the most opportune time. Learned counsel for the petitioners has not been able to persuade me that these facts or the findings recorded thereon is not correct. In the circumstances, no leniency can be shown to the petitioners. However, he stated that his client should be given one opportunity to produce their entire evidence on imposition of costs. When I suggested that I would impose costs of Rs.50,000/- learned counsel has demurred and has on the contrary stated that his client would be ready to pay only Rs.5,000/-. In the circumstances, this revision petition is dismissed. As the main case has been disposed of therefore all the pending civil miscellaneous applications in the case also stand disposed of. ( AJAY TEWARI ) July 15, 2009 JUDGE ashish