Arvind Kumar, J. - (1.) THE present Petitioners are Respondents No. 4 and 6 in reference under Sections 30 and 31 of the Land Acquisition Act, titled Desha deceased through his legal representatives v. State of Haryana through Collector, Sonepat and Ors. They did not file written statement despite the last opportunity. Their defence was struck off vide order dated 23.11.2009 passed by the Additional District Judge, Sonepat. They filed an application for recalling order dated 23.11.2009 mainly on the ground that they were being represented by Shri V.S. Lather, Advocate, but due to his carelessness, the written statement could not be filed. The application has been dismissed vide impugned order dated 15.3.2011. Hence, this revision.
(2.) NOTICE of this revision petition was also issued to Shri V.S. Lather, Advocate, District Courts, Sonepat, as to why his case be not referred to the Bar Council of Punjab and Haryana for taking action on account of such negligence. Shri V.S. Lather has filed an affidavit claiming that he was never engaged by the Defendants. His presence had been wrongly marked when they were proceeded against ex -parte. Counsel for the Respondents, in all fairness, does not seriously dispute for setting aside the ex -parte order to end the controversy. No action is required to be taken against the said counsel. Consequently, the revision petition is allowed, impugned orders are set aside and the Court below is directed to permit them to file written statement on the date fixed; however, subject to payment of costs of Rs. 5000/ - to be paid by the Defendants to the Plaintiffs before the Court below.;