Civil Revision No. 3311 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 3311 of 2010 (O&M) Date of decision:- 06.04.2011 Ramesh and another ....Petitioners Vs. Bharat Bhushan and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Ajay Ghangas, Advocate, for the petitioners. Mr. Rajinder Goyal, Advocate, for the respondents. A.N. JINDAL, J (ORAL) This petition assails the order dated 05.02.2010 (wrongly mentioned as 22.01.2010 in the petition) passed by the Civil Judge (Junior Division), Panipat, whereby the application filed by the defendants-petitioners (hereinafter referred to as 'the petitioners') for setting aside the exparte order dated 23.11.2007 and for recalling the order dated 14.08.2006, was dismissed. After hearing the arguments at length, it transpires that the petitioners moved the application for setting aside the exparte proceedings at the time when the suit was still pending and the evidence had not yet been completed. At the same time, it is observed that the law is handmaid of justice and not its mistress. Since the case was still pending when the application was filed, therefore, there was no harm or prejudice caused to the respondents, if the petitioners are provided the opportunity to Civil Revision No. 3311 of 2010 (O&M) 2 submit their case. It is well settled by now that meritorious claims should not be thrown away merely on the ground of unintentional delay and latches on the part of the petitioners. However, the aggrieved party could be compensated with costs. In these circumstances, this petition is allowed and both the impugned orders are set aside, subject to payment of Rs.20,000/- as cost. Heavy cost is being imposed because the petitioners have come for setting aside the orders after the delay of two years. (A.N.JINDAL) 06th of April, 2011 JUDGE ajp