- (1.) Plaintiff Sidhima Garg has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 23.8.2011 passed by learned Civil Judge (Junior Division), Chandigarh thereby allowing application of the defendants-respondents for setting aside the ex-parte proceedings ordered against them on 22.4.2010.
(2.) Defendants were proceeded ex-parte on 22.4.2010 and the case was adjourned to 12.6.2010 for ex-parte evidence of the plaintiff. However, file was taken up by the trial court on 11.6.2010 because Presiding Officer was to remain on leave on 12.6.2010 and the case was adjourned to 31.8.2010. On 31.8.2010, one witness of the plaintiff was examined and no other evidence was present and the case was adjourned to 18.11.2010 for remaining ex-parte evidence of the plaintiff. In between defendants moved application on 20.9.2010 for setting aside ex-parte proceedings against them. The said application has been allowed by trial court vide impugned order dated 23.8.2011 subject to payment of Rs 1000/- as costs to the plaintiff and also Rs 500/- in Legal Aid Fund. The said order has been challenged by the plaintiff by filing of instant revision petition.
(3.) I have heard learned counsel for the petitioner and perused the case file. Learned counsel for the petitioner vehemently contended that defendants were proceeded ex-parte because they did not appear inspite of service. It was also contended that even after moving application on 20.9.2010 none appeared for the defendants on many subsequent dates of hearing in the suit and therefore, the application should not have been allowed.;