Punjab-Haryana High Court
Dinesh Kumar Son Of Sh. Ramesh Chand ... vs Smt. Pawan Devi (Age 32 Years) Wife Of ... on 5 September, 2012
Author: K. Kannan
Bench: K. Kannan
CR No.2071 of 2012(O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR No.2071 of 2012(O&M)
Date of Decision: 05.09.2012
Dinesh Kumar son of Sh. Ramesh Chand Sharma resident of
Brahamwara, 12 Biswa, Gurgaon village, Tehsil and Distt.
Gurgaon.
... Petitioner
Versus
Smt. Pawan Devi (age 32 years) wife of Shri Mukesh Kumar,
resident of House No.2178/31, Gali No.2, Ashok Garden,
Rajendra Park, Gurgaon.
... Respondent
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:Mr. Surinder S. Kaliramna, Advocate,
for the petitioner.
Ms. Jai Shree Thakur, Advocate,
for the respondent.
*****
1.Whether reporters of local papers may be allowed to
see the judgment? NO
2.To be referred to the reporters or not? NO
3.Whether the judgment should be reported in the
digest? NO
K. KANNAN, J. (Oral)
1. The revision is against the order setting the respondent ex parte after the defendant's defence was struck off. On the failure of the defendant to turn up to cross-examine the witnesses of the plaintiff, who were present at the date of hearing the Court had set him ex parte. In revision the counsel appearing on behalf of the petitioner seeks for permission to cross-examine the witnesses and to set aside the ex parte order. The counsel appearing on behalf of the respondent CR No.2071 of 2012(O&M) [2] states that there is no reasonable conduct on the part of the petitioner. He has already made a statement before the Court, which was recorded by the Court on 27.08.2010 that he would return the money what he has already received with interest as per the agreement till 25.11.2010 and if he fail to do so, he would act as per the agreement and execute sale deed in favour of the plaintiff. He is now resiling from the undertaking and seeking for the ex parte order to be unnecessarily set aside only to delay the proceedings. I find no justification in the petitioner's plea that the ex parte order already passed could be set aside. The order passed does not suffer from any vice for interference in revision. The trial Court shall proceed to examine the witnesses on the day when it is fixed and if the defendant/petitioner shows up and is willing to cross-examine without filing any written statement, he shall be permitted to do so. The trial Court will pass an appropriate judgment in accordance with law after examination of the witnesses. The parties shall appear before the Court on 26.12.2012.
2. With these observations, the civil revision is disposed of.
5th September, 2012 ( K. KANNAN ) Rajan JUDGE