High Court of Punjab and Haryana, Chandigarh
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Inder Pal & Anr v. Sudhir - CR-4936-2005  RD-P&H 769 (15 February 2006)
Civil Revision No.4936 of 2005
Date of Decision: 20.02.2006
Inder Pal and another
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri P.S.Jammu, Advocate for the petitioners Shri S.S.Dalal, Advocate for the respondent JUDGMENT
This revision petition has been filed against order dated 19.7.2005, vide which application of the petitioners, to set aside ex-parte order dated 3.9.2004, was dismissed.
It is apparent from the records that in proceedings under Order 39 Rule 2A, when the petitioners failed to appear on the date fixed, they were proceeded ex-parte. They moved an application for recalling that order on 19.10.2004. Counsel has brought it to the notice of the Court that on similar grounds, petitioners were also ordered to be proceeded ex-parte, in
the main suit and subsequent thereto, on their application, that order, of the even date, has been set aside. This Court feels that if that is so, this order, which has arisen out of the interim application moved by the petitioners under Order 39 Rule 2-A CPC, was also required to be recalled. Otherwise also, rules and procedures are handmaid of justice to enhance the same and where the opposite party can be compensated by payment of costs, Courts are supposed to hear the matter on merits.
In view of facts mentioned above, this revision petition is allowed, order under challenge, is set aside and consequently, application of the petitioners, to recall order dated 3.9.2004, is also allowed. Order passed is subject to payment of Rs.1000/- as costs to be paid by the petitioners to the respondent before the trial Court.
Parties are directed to appear before the trial Court on the date already fixed in the main suit. The trial Court is directed to take up application of the petitioners, under Order 39 Rule 2A CPC on the same date.
February 20, 2006 ( Jasbir Singh )
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