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2022 Supreme(P&H) 1436

TRIBHUVAN DAHIYA
Rajinder Singh – Appellant
Versus
Bhagwan Singh – Respondent


Advocates Appeared:
Mr. Vaibhav Sehgal, Advocate, for the Appellant;

JUDGMENT

Tribhuvan Dahiya, J. - This revision petition under Article 227 of the Constitution of India has been filed by the petitioner/plaintiff for setting aside the order dated 12.03.2019 (Annexure P-4) passed by trial Court, whereby respondent/defendants were allowed to file written statement at the stage of defendant evidence.

2. The facts of the case are, the petitioner/plaintiff filed suit for possession by way of specific performance on the basis of agreement to sell dated 22.10.1994. A perusal of the short orders placed on record as Annexure P-2 shows that after notice in the suit respondents/defendants No. 1 and 3 appeared before the Court, and the remaining defendants No.2, 4 and 5 were proceeded against ex parte on 07.10.2013. Subsequently, an application for setting aside the ex parte order was filed only by respondent/defendant No.2 on 29.10.2013. The ex parte proceedings against defendant No.2 were set aside by order dated 09.01.2014 on the statement of the petitioner/plaintiff that he had no objection to setting aside of the same. Again on 12.10.2016, respondent/defendants No.1 to 3 were proceeded against ex parte, as none appeared before the Court despite the case hav

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