Mr. Raj Mohan Singh, J.(Oral):- Petitioner is aggrieved of the order dated 12.10.2016 passed by Civil Judge (Junior Division), Patiala whereby application for filing the written statement by the petitioner was declined.

2. Defendant No.5/petitioner was proceeded against ex parte on 21.03.2013. An application was filed by defendant No.5/petitioner for setting aside the ex parte proceedings. He was proceeded against ex parte at the initial stage of the suit. The application was allowed by Civil Judge (Junior Division), Patiala vide order dated 08.09.2016. The operative part of the order was to the following effect:-

“4. The defendant No.5 in the present case was proceeded against ex parte on 21.03.2013. Thereafter, an application for setting aside ex parte proceedings was filed by defendant No.5. The defendant No.5 in the present case was proceeded against ex parte at the initial stage. The reasons so mentioned therein are believable to the extent of granting him an opportunity to plead his case and set aside the ex parte proceedings against him. The case is also at initial stage and no prejudice will be caused to the plaintiff if the ex parte proceedings are allowed rather