IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4046 of 2008 Date of decision: 24.2.2009 Bhola Singh ...Petitioner Versus Santokh Singh ...Respondent CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: None for the petitioner Mr. Kuldeep V. Singh Ahluwalia, Advocate for the respondent. S.D.ANAND, J. The learned Trial Court, vide impugned order, disallowed a plea put forward by the defendant-petitioner for setting aside of the exparte order. However, the learned Trial Court “allowed the defendant-petitioner to join the proceedings at this stage.” Though none has entered appearance on behalf of the petitioner to assist this Court, it is apparent that the impugned order has to be invalidated. In the present case, the defendant-petitioner had denied having ever refused to accept the service. The Trial Court did not record the testimony of concerned Postman. Infact, the learned Trial Court did not even frame an issue with regard to sufficiency or otherwise of the ground for setting aside of the impugned exparte order. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order shall stand set aside. The plea for setting aside exparte proceedings shall stand allowed subject to payment of Rs.3000/- as costs. The respondent, through his learned counsel, is directed to appear before the learned Trial Court on 9.3.2009. It will be for the learned Trial Court to secure the presence of defendant-petitioner before proceeding with the trial. February 24, 2009 (S.D.Anand) Pka Judge