IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 129 of 2011 Date of decision: 30.5.2011 Mohinder Singh Atri ….Petitioner. Versus Sher Singh and another ….Respondents. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioner: Mr. Vinod Thakur, Advocate. For the respondents: None. _________________________________________________ Deepak Gupta, J. (Oral) 1. By means of this petition, the petitioner has challenged the order 18.2.2011 passed by the Civil Judge (Jr. Division) Court No.2, Sunder Nagar, Distt. Mandi whereby he dismissed the application filed by defendant No.1 for setting- aside the ex-parte proceedings. 2. It is not disputed that on 27.3.2010 the defendant appeared before the aforesaid Court. 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. 2 The matter was adjourned to 11.5.2010 on which date the defendant did not appear and immediately thereafter on 11.6.2010 an application was filed in which it was stated that the counsel came to the Court on 11.5.2010 but he saw the cause list of Court No.1 but did not see the case in the cause list of Court No.1 and on 14.5.2010 he came to know that the case had been transferred to the Court of Civil Judge (Jr. Division), Court No.2, Sunder Nagar. 3. This application was rejected mainly on the ground that since the defendant No.1 had put in appearance in the Court of Civil Judge (Jr. Division) Court No.2 and there was no reason why he did not appear in Court No.2 on the next date. It is apparent that the petitioner has not come out with totally true facts. If the petitioner was represented by a counsel, the counsel would have known in which Court the case was fixed. However, it is not the party but the counsel who is aware of this fact and the party should not suffer for the fault or even for the negligence of 3 his counsel. The case is at the initial stage. Therefore, the petition is allowed and the order dated 18.2.2011 as well as the order dated 11.5.2010 are set-aside and the petitioner is permitted to appear before the learned trial Court and file his written statement. 4. I have been informed at the bar that the case is fixed before the learned trial Court on 26.7.2011. The petitioner shall appear before the said Court and shall file his written statement on the said date. This petition is allowed subject to costs of Rs.1,000/-. In case costs are not paid or written statement not filed on 26.7.2011 then the present petition shall be deemed to have been dismissed. 30th May, 2011 (Deepak Gupta) ™ Judge