Civil Revision No. 3690 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 3690 of 2011 Date of Decision: 1.6.2011 *** Jaswant Singh Dhillon .. Petitioner Vs. Suresh Saggar & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Vijay Rana, Advocate for the petitioner. *** ARVIND KUMAR, J. A civil suit for recovery of Rs.10 lacs as damages/ compensation is being filed by respondent No.1 wherein the petitioner was arrayed as defendant No.1. During the proceedings, he was proceeded against ex-parte on 6.2.2006. He is dis-satisfied with the order dated 5.3.2011 vide which his application for setting aside of the aforesaid ex- parte order has been dismissed by the learned trial Court. Heard. It is evident from the records that summons issued to the petitioner for 17.11.2005 received back with the report of his undertaking to appear in the Court on the date fixed and he did not put his signatures. In response thereto, no appearance had been made on his behalf. However, to procure his presence his munadi by beat of drums was ordered but despite execution thereof, he did not appear before the Court. However, when the case was at its fag end he appeared before the Court with the plea that he was never served in the suit. It is further surprising that in this case the written statement was filed by the District Transport Officer and it cannot be believed that the petitioner who is Assistant Transport Officer was not having the knowledge of the pendency of the case. Therefore, the learned trial Court rightly observed that the petitioner intentionally and deliberately avoided his presence before the Court and just to prolong the case he Civil Revision No. 3690 of 2011 2 appeared before the Court when it was near to its conclusion. There is no illegality or perversity in the impugned order passed by the Court below. Dismissed. (ARVIND KUMAR) JUDGE June 01, 2011 Jiten