VINOD K.SHARMA,J - (1.) THE present revision petition has been filed against the order dated 7.3.2005 passed by the learned Addl. District Judge, Karnal vide which the application filed by respondents No. 1 to 4 herein for setting aside exparte decree has been allowed.
(2.) THE respondents No. 1 to 4 herein were proceeded ex parte on 4.1.1999. This was on account of the fact that the respondents had filed another reference qua the same land under Section 18 of the Land Acquisition Act, which was pending in the same Court. The Court on different stages expressed its view that both the references should be heard and decided together. It was on account of pendency of two references in the same Court that the respondents did not come to know about the ex parte proceedings taken out against them. On coming to know that the respondents have been proceeded ex parte a reference was made to the Court to adjourn the case so as to enable the respondents to move an application for setting aside mala fide order. The case was adjourned to 17.7.2001 for filing the said application, however, on the said date the case was transferred to another Court. However, the transferee Court without notice to the respondents herein passed mala fide award in view of the compromise between the parties to which the respondents were not a party. On coming to know about the said ex parte award passed on 19.7.2001 an application was moved for setting aside the ex parte award.
(3.) THE respondents No. 1 to 4 sought stay of reference filed by respondent No. 15 herein on the ground that the reference filed by the respondents No. 1 to 4 herein has been answered in their favour ex parte. The said application was dismissed on 6.3.2004 against which the said respondents filed a revision petition No. 1567 of 2004. The said application was dismissed by observing as under :- "Therefore, it would be in the interest of justice, if the proceedings in the present references are decided along with reference sought at the instance of the petitioner. The proceedings in the present case shall be taken up after the decision of the application filed by the respondent for setting aside ex parte proceedings together the reference at the instance of the petitioner. The learned trial court is directed to decide the application for setting aside ex parte award expeditiously within a period of three months and thereafter post both references for hearing on merits together in accordance with law." ;