SUMAN SHARMA Vs. BHUPINDER SINGH

JUDGEMENT

(1.) THIS revision petition is directed against order dated 13 -5 -2004 passed by the Munsiff, Jammu whereby application of the non - applicant/ defendant for setting aside exparte proceedings has been allowed subject to payment of costs.

(2.) IT is admitted case of the parties that the defendants/ non -applicants after causing appearance and filing written statement absented from the proceedings. Accordingly, exparte proceedings were initiated against the defendants on 2 -11 -2002. Plaintiff was asked to lead evidence which was led by him and the matter was finally heard on

(3.) -10 -2003 as is evident from the copy of interim order produced by the petitioner before the Court. Only the judgment was to be pronounced. It is at this stage that on 16 -10 -2003 when the judgment was to be announced, an application came to be filed for setting aside the exparte proceedings. After inviting objections, the trial Court passed the impugned order setting aside the exparte proceedings. 3. The main contention of the learned counsel for the petitioner is that the trial Court has committed glaring illegality in allowing the application for setting aside the exparte proceedings at the stage of pronouncing the judgment.