HARBANS SINGH Vs. SOWINDER KAUR

JUDGEMENT

(1.) BY way of present revision petition challenge is to the order dated 12.1.2006 passed by the learned Civil Judge (Junior Division), Ajnala.

(2.) THE petitioners had moved an application under Order 9 Rule 7 of the Code of Civil Procedure (for short the Code) for setting aside ex parte proceedings against them. The said application has been dismissed by holding that there was no sufficient ground for setting aside ex parte proceedings even otherwise it would reopen the matter afresh.

(3.) THE impugned order cannot be sustained as it is against the settled law that when the defendants are proceeded ex pate and amendment of the plaint is allowed then the right is to be given to the defendants though ex parte to file the amended written statement by issuing notice of said amendment.