IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA C. Revision No. 50 of 2010 Date of decision : September 29, 2010 Shyam Lal Sharma. …Petitioner. Versus Social Finance & Commercial Company Ltd. and others. …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellants : Mr. B.B. Vaid, Advocate. For Respondent No.1 : Mr. Karan Singh Kanwar, Advocate Surjit Singh, J (Oral) Heard and gone through the record. 2. A suit has been filed by respondent No.1-plaintiff for recovery of money against the present petitioner and several other persons. When the summons was issued to the petitioner he was abroad. Admittedly, summons was not served upon him. One Lawyer appeared before the trial court and filed memo of appearance on his behalf, however, power of attorney was not filed. Fresh summons was issued to the petitioner which was again not served. He was ordered to be proceeded against ex parte. He returned from the foreign country in 2006. In 2009, he applied for setting aside the order of ex parte proceedings, by making an application under Order 9 Rule 7 CPC. That has been dismissed, vide impugned order dated Whether reporters of the local papers may be allowed to see the judgment? …2… 12.5.2010. The order has been challenged by means of the present revision petition. 3. I have heard the learned counsel for the parties. 4. Suit is still pending, though plaintiff’s evidence has already been recorded. Fact remains that the petitioner had not been served. However, even after returning from foreign country, he took three years to make application under Order 9 Rule 7 CPC, despite the fact that other defendants in the suit are his brothers and close relatives which fact gives rise to inference that he may have come to know about the pendency of the suit, soon after his return from the foreign country. 5. In view of the facts and the circumstances of the case as also the technicality that the petitioner had not been served, petition is allowed, and the impugned order is set aside. Consequently, order of ex parte proceedings dated 14th March, 2005 is also set aside, subject to payment of costs of Rs.5,000/-, which shall be deposited in the trial court, within three weeks of the appearance of the parties before such court. Parties are directed to appear before the trial court on 8.11.2010. Petitioner shall be afforded opportunity to file written statement and after framing of issues, if any, arising out of the written statement, plaintiff shall have the right to lead further evidence and the present petitioner shall have the right to cross-examine the witnesses already examined as also the witnesses which may be examined by the plaintiff in addition to those already examined and then to lead his own …3… evidence. Civil Revision stands disposed of. Pending application(s), if any, shall also stand disposed of. Copy dasti. September 29, 2010(vt) ( Surjit Singh ), J