DHARAM PRAKASH Vs. LACHHI RAM

JUDGEMENT

(1.) This is plaintiff's revision petition challenging the impugned order dated 19.5.2010 vide which the order dated 20.3.2003 whereby the defendant-respondents were proceeded against ex parte, has been set aside.

(2.) According to the learned counsel for the petitioner, respondents were intentionally avoiding to appear in the proceedings in order to unnecessary prolong the case and, therefore, the impugned order is liable to be set aside. However, a perusal of the impugned order would show that even after passing of the ex parte order dated 20.3.2003 till the application for setting aside the aforesaid order was filed, no substantial progress had taken place and the case was at the initial stage, and even the written statement was not filed.

(3.) It is well settled proposition of law that the provisions of the Code of Civil Procedure are handmaid for Administration of Justice and in order to render substantial justice they are to be construed liberally. While setting aside the impugned order the trial court has exercised its discretion in favour of the defendant-respondents and no case is made out before this Court to interfere by invoking the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India.