Punjab-Haryana High Court
Surinder Kaur Wife Of Gurdeep Singh Son ... vs Narinder Singh Son Of Bhinder Singh Son ... on 8 October, 2013
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.5205 of 2012 (O&M)
Date of decision:08.10.2013
Surinder Kaur wife of Gurdeep Singh son of Jaswant Singh, resident
of Jassowal, Tehsil and District Patiala.
...Petitioner.
versus
Narinder Singh son of Bhinder Singh son of Dalip Singh, resident of
Balad Kalan, Tehsil and District Sangrur, and another.
....Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
----
Present: Mr. AGS Dhillon, Advocate,
for the petitioner.
Mr. G.S. Nahel, Advocate,
for respondent No.1.
----
K.Kannan, J. (Oral)
1. The revision petition is against the order dismissing an application to set aside the ex parte order passed against the petitioner-2nd defendant on 11.06.2012. The application was filed contending that her own counsel acted against her interest and she had to give a complaint against the counsel for his conduct. She could not also be personally present since the plaintiff threatened her with grave consequences. She would point out to a circumstance that even the suit which was filed before the Court at Sangrur was ordered to be transferred by this Court to the Court at Sunam on an apprehension expressed by the party that her own safety will be at peril if the suit were to be tried at the Court at Sangrur. Kumar Sanjeev 2013.10.10 11:07 I attest to the accuracy and integrity of this document chandigarh Civil Revision No.5205 of 2012 (O&M) -2-
2. The counsel for the respondent states that the petitioner has never been diligent and an order passed by the Court setting aside the ex parte order on payment of cost of `500/- was not complied with and she had allowed herself to be set aside the ex parte the second time for non-compliance to the order already passed.
3. I am of the view that there are sufficient circumstances which existed for her inability to defend as the facts referred to above would reveal. She ought to be given an opportunity to contest the suit on merits and the ex parte order already passed shall stand set aside on condition that the petitioner pays cost of `5,000/- to the plaintiff or her counsel within two weeks from the date of receipt of copy of the order. The petitioner shall also file written statement within four weeks from the date of receipt of copy of the order before the trial Court. The Court shall frame appropriate issues on the basis of pleading that will be brought by the 2nd defendant- petitioner and also afford to her the right of cross-examination of any plaintiff or the witnesses, who have been already examined in her absence.
4. The revision petition is allowed on the above terms.
(K.KANNAN) JUDGE 08.10.2013 sanjeev Kumar Sanjeev 2013.10.10 11:07 I attest to the accuracy and integrity of this document chandigarh