JUDGMENT : Kuldip Singh, J.(Oral) The order dated 8.11.2012 has been assailed in the petition whereby the suit has been fixed for arguments on 4.12.2012 without giving an opportunity to the defendants to lead evidence. It has not been denied by learned counsel for the respondents/plaintiffs that the evidence of the respondents was closed on 8.11.2012, the petitioners who were defendants had joined the proceedings, even though they were proceeded exparte. Once the petitioners had joined the proceedings they are entitled to an opportunity to lead evidence. In these circumstances, order dated 8.11.2012 is not sustainable and is accordingly set aside. The trial Court is directed to give an opportunity to the petitioners/defendants to lead evidence by fixing the date for defendants evidence. It has been stated by learned counsel for the parties that the case is already fixed before the trial Court on 11.12.2012. The parties through their counsel are directed to appear before the trial Court on the date already fixed. The petition is disposed of on above terms so also the pending application. The interim order dated 5.12.2012 is vacated. 2. Copy Dasti.