Gurmeet Singh And ANR v. Jaspal Singh And ANR

Civil Revision No. 1301 of 2015 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 1301 of 2015 (O&M) Date of Decision: 20.4.2015.

Gurmeet Singh and another .......Petitioners

Versus

Jaspal Singh and another .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. N.P.S.Mann, Advocate for the petitioners.

**** SABINA, J.

Petitioners have filed this petition under Article 227 of the Constitution of India challenging the order dated 31.1.2015 (Annexure P-3) whereby application moved by respondent No. 2 for setting aside ex parte proceedings against him, was allowed. I have heard the learned counsel for the petitioners and have gone through the record available on the file carefully. Respondent No. 1 Jaspal Singh has filed suit against the petitioners and respondent No. 2 for possession by way of specific performance of agreement to sell dated 14.2.2003 executed by respondent No. 2 in favour of respondent No. 1. During the pendency of the suit, respondent No. 2-defendant No. 1 was ordered to be proceeded ex parte vide order dated 31.5.2006. During the pendency of the suit, respondent No. 2-defendant No. 1 moved an application for setting aside ex parte proceedings against him. The said application was not opposed by respondent GURPREET SINGH 2015.04.21 12:05 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 1301 of 2015 (O&M) -2No. 1-plaintiff. In these circumstances, the learned Trial Court had rightly allowed the application moved by respondent No. 2 for setting aside ex parte proceedings against him as the same had not been opposed by the plaintiff. Petitioners are the co-defendants with respondent No. 2.

Hence, no ground for interference by this Court is made out.

Dismissed.

(SABINA) JUDGE April 20, 2015 Gurpreet GURPREET SINGH 2015.04.21 12:05 I attest to the accuracy and authenticity of this document Chandigarh