JAMSHED ALI KHAN Vs. UDHYA BIR

JUDGEMENT

(1.) THE civil revision is against the order dismissing the application for setting aside the ex parte order. The complaint of the applicant was that he had not been served with summons. So long as the suit was still pending and other defendants were contesting the case, the Court ought to have been liberal in allowing the ex parte order to be set aside and the defendant to file the statement and proceed with the trial. The dismissal of the application was not justified. The impugned order is set aside. The defendant shall file a written statement within 30 days from today and if the same is filed, the same shall be taken on record and he shall be allowed to participate in the proceedings. If any witness has already been examined and if the defendant seeks for time for cross -examination of those witnesses, the Court may impose appropriate costs for recalling any of the witness whom the petitioner wants to recall for cross -examination.

(2.) THE civil revision is allowed but with the directions as given above.