JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

1. The petitioner challenges the order dated 12.05.2022 passed in CS No. 385/2017 titled `Rakesh Kumar Sharma vs. Suresh Kumar Lahri', whereby the learned Trial Court had dismissed the application under Order IX Rule 7 CPC, 1908 and simultaneously examined and discharged PW-1 and closed the evidence of respondent/plaintiff.

2. Mr. Dalip Kr Santoshi, learned counsel for the petitioner submits that it is settled law that despite passing of order proceeding the party ex parte, the party can participate in future proceedings from the day and the date when such party appears before the Court. On that basis Mr. Santoshi, learned counsel submits that the learned Trial Court ought to have atleast permitted the petitioner/defendant to conduct cross-examination of PW-1, who was present in person on 12.05.2022.

3. Per Contra, Mr. Gaurav Seth, learned counsel appearing for the respondent/plaintiff submits that though there is no quarrel on the proposition of law, however an application under Order IX Rule 7 CPC was infact filed and the learned Trial Court applied its mind correctly and refused settin