Paramjit Singh and Others vs Shanta Ram Alias Sant Ram and Others

Paramjeet Singh, J.—Instant revision petition has been filed under Article 227 of the Constitution of India for quashing the order dated 31.5.2013 (Annexure P-3) passed by learned Additional Civil Judge (Senior Division), Guhla, whereby application moved by the defendant/petitioners for setting aside ex parte proceeding, has been dismissed. Brief facts of the case are that plaintiff/respondent No. 1 filed a suit for declaration, possession and permanent injunction as consequential relief. Notice was served upon the defendant/petitioners and they appeared through counsel. However, thereafter on numerous dates defendant/petitioners could not put in appearance and ex parte order dated 19.9.2009 was passed. On 20.5.2013 defendant/petitioners moved an application for setting aside ex parte proceedings, which was dismissed vide impugned order. Hence, the present revision petition.

Learned counsel for the petitioner contended that on 13.6.2009 a panchayat was convened in the village and the matter was amicably settled in the panchayat whereby respondent No. 1 agreed to withdraw the suit. Under this impression the petitioners did not execute the power of attorney in favour of their counsel. It was on 18.5.2013 that the petitioners came to know that respondent No. 1 had not withdrawn the suit.

Learned counsel for respondent No. 1 vehemently opposed the contentions raised by the learned counsel for petitioners on the ground that application had been filed after a considerable delay.

I have considered the rival contentions of the learned counsel for the parties.

It is settled principle of law that cases should be decided on merit and not merely on technical grounds. Rules of procedure are handmaid of justice and to do substantial justice. In view of this, present petition is allowed. Impugned order dated 31.5.2013 (Annexure P-3) passed by learned Additional Civil Judge (Senior Division), Guhla is set aside and application for setting aside the ex parte proceedings is allowed subject to costs quantified at Rs. 5,000/-, to be paid by the petitioners to the respondent No. 1. The petitioners shall be afforded an opportunity to file written statement, if not already filed.