KARAMJIT SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) Vide this common order, CR No.4412 of 2019 titled Karamjit Singh Vs. Balwinder Singh and others and CR No.4581 of 2019 titled Chhoti Vs. Balwinder Singh and others are being decided. Facts are culled out from CR No.4412 of 2019.

(2.) Petitioner has challenged the order dtd. 29/5/2019 passed by Additional Civil Judge (Senior Division), Patiala, vide which petitioner was permitted to join the proceedings in the suit from the present stage without allowing him to file written statement.

(3.) Perusal of the record would show that defendant No.2/petitioner appeared in person before the Court on 4/1/2016 and the case was adjourned for summoning of remaining witnesses. Thereafter, petitioner kept on appearing in the suit, but he was proceeded against ex parte on 2/1/2017 when he did not appear in the Court. The stand of the petitioner is that he had been appearing personally on each and every date, but his presence was not recorded by the Court. Such a plea cannot be accepted. Petitioner came to know about his ex parte proceedings on 11/12/2018 and thereafter, application for setting aside the ex parte proceedings was filed.