IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 5398 of 2010 Date of Decision: 27.10.2010 Jai Singh .... Petitioner Versus Bhim Singh and another ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Pankaj Bali, Advocate for the petitioner Ms. Sonia G. Singh, Advocate for the respondents ALOK SINGH, J. (ORAL) Present petition is filed challenging the order dated 29.7.2010 passed by Executing Court/Addl. Civil Judge (Sr. Divn.), Assandh, District Karnal whereby application moved by the judgment debtor (petitioner herein) seeking recalling the ex-parte order was dismissed. Learned counsel for the parties fairly stated that execution application is still pending. From the perusal of the record, it seems that Executing Court has taken hyper technical view denying the hearing to the judgment debtor by rejecting the application for setting aside the ex-parte proceedings. The golden rule of procedure is that none of the party should be given walk over and lis between the parties, as far as possible, should be decided at its own merits after giving sufficient opportunities to both the parties to place evidence and material before the Court and after hearing both the parties. Ex-party C.R. No. 5398 of 2010 2 proceedings order must be recalled on showing good cause. From the perusal of the record, this Court finds that petitioner is able to show good cause for his non-appearance on the date fixed. Petition is allowed. Impugned order is set set aside. (ALOK SINGH) 27.10.2010 JUDGE reena