CR No. 6629 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6629 of 2008 Decided on : 01-12-2008 Nasib Kaur ....Petitioner VERSUS Murti Kaur and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Navkiran Singh, Advocate for the petitioner MAHESH GROVER, J This revision petition is directed against the order dated 10.10.2008 of Deputy Commissioner, Barnala. The petitioner is an elected Panch who is facing an election petition. Despite the number of opportunities granted to her she chose not to file her reply, as a result of which the impugned order was passed directing ex parte proceedings against the petitioner and also fixing a date for recording the evidence of the respondent. The defence of the petitioner was ultimately struck off on 17.11.2008 when an application for setting aside ex parte order (Annexure P-2) was moved. A perusal of the impugned order shows that the petitioner was given time to file the reply on 15th September, 2008 and the matter was adjourned for the said purpose to 19th September, 2008. Thereafter, the CR No. 6629 of 2008 2 matter was again adjourned to 29th September, 2008 for the same purpose but the petitioner again failed to file the reply. The matter was then adjourned to 10th October, 2008 and it was made clear that it was the last opportunity for the said purpose. At this stage, neither the petitioner nor her counsel appeared, as a result of which she was directed to be proceeded against ex parte. Thereafter, an application was moved for setting aside the ex parte proceedings on the basis of which the impugned order dated 17.11.2008 came into existence striking off the defence of the petitioner. The petitioner is facing election proceedings before the Tribunal which is duty bound to complete the proceedings within a stipulated time frame. Apparently, the petitioner who is facing inconvenient proceedings is trying to delay the proceedings to gain advantage. There is no infirmity in the impugned orders which have been passed, which are perfectly, justified in the given set of circumstances. Learned counsel for the petitioner has pleaded that if one opportunity is granted to the petitioner, reply shall be filed. As observed earlier, even though there is no infirmity in the impugned order, yet purely in the interest of justice, one opportunity is granted to the petitioner to file the reply within one week from today positively, subject to payment of Rs. 10,000/- as costs. Disposed of. December 1, 2008 (Mahesh Grover) rekha Judge