C.R. No. 2195 of 2011 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2195 of 2011 Date of Decision: March 30, 2011 Harinder Singh and another …..Appellants Vs. Devinder Kaur and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. B.P.S. Virk, Advocate for the appellants. -.- M.M.S. BEDI, J. (ORAL) Vide impugned order dated February 1, 2011 the trial Court has allowed the application under Order 9 Rule 7 CPC filed by defendant- respondent No.4 for setting aside an ex-parte order dated September 20, 2010 passed against defendant No.4, proceeding ex-parte against him. Counsel for the plaintiff- petitioners has submitted that the application for setting aside ex-parte proceedings has been filed at belated stage when the case was fixed for rebuttal evidence by the plaintiff. C.R. No. 2195 of 2011 (O&M) [2] After hearing counsel for the petitioners and going through the facts and circumstances of this case, I find that defendant No.4 alongwith co-defendants had filed written statement and engaged a counsel. A counter-claim seems to have also been raised by the defendants. The case is now fixed for evidence on counter-claim and for rebuttal in the main suit. No serious prejudice has been caused to the plaintiff- petitioners by setting aside the ex-parte proceedings against defendant- No.4 respondent who will now be given an opportunity to lead evidence alongwith her co-defendants on the counter-claim. Counsel for the petitioner has vehemently contended that no specific reason has been given by respondent No.4. A perusal of the order indicates that a specific reason has been given by respondent No.4 in the application that she had been hospitalized and that her counsel had told her that she would be informed as and when her presence is required. No ground is made out to interfere in the discretionary relief granted by the trial Court. Dismissed. March 30, 2011 (M.M.S.BEDI) sanjay JUDGE