A.N. Jindal, J. - (1.) THIS petition assails the order dated 3.1.2011 passed by the Additional Civil Judge (Sr. Division), Palwal, dismissing the application filed by the petitioner for setting aside the ex -parte order dated 5.12.2007.
(2.) THE plaintiff - respondent (herein referred as, 'the respondent') has filed a suit for possession by way of specific performance of the contract, on 27.7.2006, on the basis of the agreement to sell dated 28.7.2005. In the said suit, the petitioner was proceeded against ex -parte on 5.12.2007. Since December, 2007, the respondent has not led any evidence. However, on 12.3.2010, the application for setting aside the ex -parte proceedings was filed. The trial court while deciding the application for setting aside the ex -parte proceedings, dismissed the application with a direction that the petitioner would be at liberty to join the proceedings of the case from that stage, meaning thereby, that the petitioner could not file written statement, however, she could cross examine the witnesses. Heard. Learned Counsel for the petitioner has submitted that since no evidence has been led by the respondent so far in order to support his claim, therefore, no prejudice would be caused if she could be permitted to file written statement. However, the delay in filing the application caused by her could be compensated with costs. On the other hand, learned Counsel for the respondent has submitted that the petitioner appeared in the suit on 18.11.2006 and after that she without filing written statement absented herself, therefore, such absence should not be condoned and the ex -parte proceeding as held against her should not be disturbed.
(3.) ARGUMENTS heard. Record perused.;