IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (134) CR-4233-2024 (O&M) Decided on : 03.04.2025 Tarsem Singh & another ……Petitioners Versus Piare Lal & others ……Respondents CORAM : HON'BLE MR.JUSTICE ANIL KSHETARPAL Present: Mr.Namit Gautam, Advocate, for the petitioners. Mr.Hitesh Pandit, Advocate, for respondents No.2 & 3. ANIL KSHETARPAL , J. (Oral) 1. The petitioners herein are defendants No.1 & 2 in a plaintiff’s suit for declaration to the effect that the Agreement To Sell dated 31.08.2017 has come to an end, with consequential relief of permanent injunction. 2. Tarsem Singh was impleaded as defendant No.1 whereas Darshan Lal was impleaded as defendant No.2. On 16.07.2019, Tarsem Singh was proceeded against ex parte. On 09.10.2019, Darshan Lal was proceeded against ex parte. A joint application for setting-aside ex parte proceedings was filed which was partly allowed on 24.02.2020 and ex parte proceedings against Darshan Lal was set-aside whereas application qua Tarsem Singh was dismissed. However, both the defendants filed a joint statement. Again, Tarsem Singh was proceeded against ex parte on 27.09.2022. He filed application for setting-aside ex parte proceedings which has been dismissed on 29.02.2024, during the pendency of this revision petition. The petitioners (defendants) have been permitted to cross-examine the plaintiffs’ witnesses examined by the plaintiffs. The petitioners have already filed the written statement. Hence there is no requirement of relegating the petitioners to the original position. SAILESH RANJAN 2025.04.07 09:26 I attest to the accuracy and integrity of this document (134) CR-4233-2024 (O&M) 2 3. Learned counsel representing respondents No.2 & 3 submit that the petitioners cannot be permitted to lead evidence. 4. This Court has considered the submissions. In fact, when the Court proceeds against a defendant ex parte, the effect of order is only for that date of hearing. The defendant who has been proceeded ex parte can join on the next date of hearing. However, he cannot seek that he should be relegated to the position when he was proceeded ex parte unless he files an application and ex parte proceedings are set-aside. 5. The defendants will be called upon to lead evidence once the plaintiffs’ evidence is concluded. Hence, the defendants cannot be debarred from leading evidence. 6. With the above observations, the present revision petition is disposed of. (ANIL KSHETARPAL) April 3, 2025 JUDGE sailesh Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SAILESH RANJAN 2025.04.07 09:26 I attest to the accuracy and integrity of this document