KEWAL RAM Vs. SANTOKH SINGH

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 24.10.2013 (Annexure P/5) passed by learned Additional Civil Judge (Senior Division), Garhshankar, whereby application filed by respondent -defendant for setting aside ex -parte order dated 07.08.2012, has been allowed. I have heard learned counsel for the petitioner and perused the record.

(2.) LEARNED counsel for the petitioner vehemently contends that the respondent -defendant cannot be allowed to file written statement. It will set clock back and unnecessarily delay the suit. Learned counsel further submits that order passed by the learned trial Court is contrary to the compromise and statements given in Court, which are placed on record as Annexure P/1 and P/2 respectively.

(3.) THE trial Court after considering the record, recorded a finding that the case is at its initial stage. It is settled law that no party should be condemned unheard and, therefore, the respondent -defendant has been allowed to appear and contest the suit by filing the written statement.