A-50 % 26.07.2011 Present: Mr. Gurmit Singh, Advocate for the petitioner. Mr. Ashish Kumar and Mr. Rajesh Vashisht, Advocate for the respondent. +CM No. 13547/2011 in CM (M) No. 846/2011 * Allowed, subject to just exceptions. CM (M) No. 846/2011 and CM No. 13548/2011 (stay) The impugned order is the order dated 03.05.2011 vide which the application filed by the defendant under order 9 Rule 7 of the Code of the Civil Procedure had been dismissed. Record shows that the defendant had been proceeded ex parte on 10.03.2011; contention of the petitioner is that on the earlier date i.e. 03,02.2011 the Presiding Officer was on leave and when he went to check the next date he had wrongly noted it as 14.03.2011. Next adjourned date after 10.03.2011 was 07.04.2011. The present apphcation seeking setting aside of ex parte order has been filed in this intervening period. Written statement has admittedly been filed. Issues have been framed on 21.08.2010. On 10.03.2011, after the defendant had been proceeded ex parte all the other PWs present on behalf of the plaintiff had been examined and they were discharged. The present suit is for possession and mesne profits; right of the petitioner would be adversely affected if right to cross- examine the witnesses of the plaintiff is not accorded to the Digitally Signed By:AMULYA Signature Not Verified t# defendant. In the interest of justice and in view of the aforenoted factual scenario as also keeping in view the fact that there was no other previous record which is reflecting the inadvertence or negligence qua the defendant, the ex parte order dated 10.03.2011 is set aside. The witnesses of the plaintiff will be present on the next date for the cross-examination by the defendant. This order is passed subject to payment of Rs. 5,000/- as cost. The petition is disposed of. INDERMEET KAUR, J. JULY 26, 2011 rb