BALDEV SINGH Vs. GURMAIL KAUR AND OTHERS

JUDGEMENT

(1.) Order dated 29.7.2013 of civil court whereby ex-parte proceedings against the defendant were set aside subject to payment of costs granting her opportunity to file written statement with only one opportunity to conclude her evidence, is under challenge.

(2.) Counsel for the petitioner-plaintiff urges that the plaintiff has already concluded his evidence and allowing of this application would mean de novo trial which would delay and dilate adjudication of the matter in dispute between the parties.

(3.) Perusal of the paper book reveals that the suit was filed by the petitioner-plaintiff on 5.12.2011 and is moving with speed. The impugned order had been passed after hearing both the parties and taking into account their rival claims. The suit is at the initial stage and the defendant is yet to lead her evidence. The trial court is also moving forward for expeditious disposal and only one opportunity has been given to the defendant to produce her written statement for which only about 15 days time has been given and it has been made clear that only one opportunity would be given to the defendant to conclude her entire evidence.