Punjab-Haryana High Court
Tarsem Singh vs Harbans Lal And Others on 18 December, 2013
Author: K. Kannan
Bench: K. Kannan
Archana Arora
CR No. 7830 of 2013 1 2013.12.20 14:33
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CR No. 7830 of 2013
Date of decision: December 18, 2013
Tarsem Singh
....... Petitioner
Versus
Harbans Lal and others
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Vipin Mahajan, Advocate
for the petitioner.
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K. Kannan, J (oral).
1. The petitioner-plaintiff is aggrieved that the subsequent purchaser who was impleaded in suit and against whom an ex-parte order was passed was only permitted to join the proceedings and the Court could not have allowed for the written statement to be received. The counsel would urge that a subsequent purchaser who is an assignee to interest of the vendor pending suit can only have the defence which the vendor had if they had already been set ex-parte, the question of receiving the written statement does not arise.
2. If they have been made parties and the evidence was not gone beyond the stage of the plaintiff putting his chief examination by way of bringing evidence, no hardship could be caused in allowing for cross examination of the plaintiff and his witnesses. A technical objection that is now made is that since they are already ex-parte, the statement could not be received. I set aside CR No. 7830 of 2013 2 the ex-parte order that is already passed suo motu. The Courts shall always be liberal in construing provisions for setting aside ex-parte orders. I set aside the ex-parte order against the defendants and allow for continuation of proceedings in the manner already done by the court below with the benefit given to the parties by setting aside the ex-parte order only for the purpose of fair trial before the Court below.
3. The civil revision is disposed of.
(K. KANNAN) JUDGE December 18, 2013 archana