BHARAT RAM Vs. NARAIN SINGH AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 17.5.2011, Annexure P4, passed by learned Additional District Judge, Palwal, vide which appeal filed by respondents-defendants for setting aside ex parte proceedings and ex parte judgment and decree dated 3.5.1995, 25.11.1998 and 10.5.2000 respectively passed against them were set aside and learned trial Court was directed to decide the case expeditiously preferably within six months.

(2.) I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) It has been contended by learned counsel for the petitioner that though in one of the applications, two of the defendants were minors, who were also proceeded ex parte and, however, ex parte proceedings against the other defendants were set aside merely on the ground that ex parte proceedings would be set aside against the minor defendants. It is also contended that though lawyer of respondents-defendants expired during pendency of proceedings, however, it was for the party to remain in touch with his lawyer and file application at the appropriate stage. It is also contended that the applications for setting aside ex parte proceedings and ex parte judgment and decree were also filed at a much belated stage.