RAIS AHMAD Vs. MOHD. SIDDIQUE

JUDGEMENT

(1.) THE office report shows that the first respondent is served, but the second respondent, who is the wife of the first respondent, has refused to accept service of notice on 1/2/2006. In the circumstances, it shall be deemed that the second respondent has been duly served.

(2.) DELAY condoned. Leave granted. This appeal is directed against two orders of the High Court, one dtd. 5/5/2003 and the other dtd. 2/2/2005 seeking a review of the former order.

(3.) HAVING perused the record and heard the learned counsel, we are satisfied that the appellant should have been permitted an opportunity to participate in the proceedings by setting aside the ex parte order, if necessary, by awarding costs. It was particularly so in view of the fact that this suit was one for damages on account of negligence against a medical practitioner, which necessarily involves professional evidence.