Judgment:
CR No.1049 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (118) CR No.1049 of 2014 Date of decision:11.02.2014 Nachhattar Singh ......Petitioner Versus Joginder Singh and others .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Ms.Puja Chopra, Advocate for the petitioner.
**** SABINA, J.
Petitioner has filed this petition challenging the order dated 03.09.2013 (Annexure P-2).whereby ex parte proceedings against the petitioner were not set aside but he was allowed to join the proceedings at that stage.
Learned counsel for the petitioner has submitted that one opportunity be granted to the petitioner to enable him to cross-examine the witnesses examined by the plaintiff.
In the present case, perusal of the impugned order reveals that the petitioner had appeared before the trial court through his counsel on 18.12.2010 and had filed his written statement.
A perusal of the written statement (Annexure P-6) on record reveals Sandeep Sethi 2014.02.15 11:48 I attest to the accuracy and integrity of this document CR No.1049 of 2014 -2- that most of the contents of the plaint have been admitted and it has been averred by the petitioner that he had never threatened to interfere in the cultivating possession of the plaintiff over the suit land nor had threatened to forcibly dispossess the plaintiff from the suit land.
Petitioner was proceeded ex parte vide order dated 21.03.2013 (Annexure P-1).Vide the impugned order dated 03.09.2013 (Annexure P-2) petitioner was allowed to join the proceedings at that stage and case was adjourned for cross-examination of plaintiff witnesses.
Although, in the present case, counsel for the petitioner has submitted that written statement (Annexure P-6) had not been, in fact, filed by the petitioner but the said written statement is on record and admittedly, so far, no complaint has been filed by the petitioner in this regard.
In the facts and circumstances of the present case, no ground for interference by this Court is made out.
Dismissed.
(SABINA) JUDGE February 11, 2014.
sandeep sethi Sandeep Sethi 2014.02.15 11:48 I attest to the accuracy and integrity of this document