RAJ SINGH Vs. ANAND PAL

JUDGEMENT

(1.) Vide order under challenge, application of the petitioners to set aside ex-parte order dated 28.8.2001 was dismissed.

(2.) The above said order was passed, when despite proclamation in the village, petitioners failed to put in appearance before the trial Court. It is apparent from the records that the service of the petitioner was affected only by way of proclamation and not through ordinary process. During arguments it was brought to the notice of this Court that proceedings are only at the initial stage. Even issues have not been framed and matter is continuing only with regard to interim stay application. If that is so, it was desirable for the Court below to recall the ex-parte order and allow the petitioners to file their written statement. Rules and Procedure are handmaid of justice to enhance the same and not to subvert it.

(3.) Their Lordships of Supreme Court in Sardar Amarjit Singh Kalra (dead) by L.Rs And others vs. Parmod Gupta (Smt.) (dead) by L.Rs. And others (2003) 3 S.C.C. 272, in para 26 of the judgment had opined as under:-