ROSHAN LAL Vs. PRITAM SINGH & OTHERS

JUDGEMENT

(1.) Whether with the order of remand, so passed in the case of one of the defendants, a co-defendant, who was also proceeded ex-parte, on the same date as that of the appellant-defendant, would be permitted to join the proceedings from the date of passing of the ex-parte order or not, is an issue which arises for consideration in the present petition.

(2.) Roshan Lal (petitioner herein), filed a suit for permanent injunction against Kashmiri Lal (dead), Pritam Singh, Dharam Singh, Satish Kumar alias Jaswant Singh and Joginder Singh (respondents herein). On 27.10.1994, Kashmiri Lal and Pritam Chand, amongst others, were proceeded ex-parte. On 18.11.1996, trial Court passed an ex-parte judgment and decree, which came to be assailed only by Kashmiri Lal. Vide judgment dated 17.03.2015, passed by Additional District Judge (II), Una, Circuit Court at Amb, District Una, H.P., in Civil Appeal No.RBT 129/13/04, titled as Kashmiri Lal v. Roshan Lal and others, appeal came to be allowed in the following terms:-

(3.) It is not in dispute that the said judgment, as also findings contained therein, have attained finality. Judgment and decree came to be set aside as a whole and the matter remanded back to the trial Court to be decided afresh, proceeding from the point from where defendant No.1 i.e. Kashmiri Lal had been ordered to be proceeded ex-parte, which was on 27.10.1994. As is evident, during the pendency of the suit, Kashmiri Lal expired. On 26.08.2015 and prior thereto, defendants had also filed written statement, which was taken on record. Subsequently plaintiff filed an application for "exclusion of the written statement filed by the defendants", which stands rejected by the trial Court, in terms of the impugned order dated 19.05.2016, passed in CMA No. 148 of 2016, in Civil Suit No.129 of 1993, titled as Roshan Lal v. Kashmiri Lal.