SUBHASH CHAND GROVER Vs. CHARANJIT SINGH

JUDGEMENT

(1.) The only question which arises for consideration in this matter is, whether the ex parte decree for possession which was obtained by the respondent/decree-holder Charanjit Singh is executable or not. The ex parte decree was obtained by Charanjit Singh on 27.1.1973.

(2.) The petitioner again whom the ex parte decree was passed, sought to have the -ex parte decree set aside from the Court which passed it. That Court refused to set aside the ex parte decree Against the order of refusal to set aside the ex parte decree, an appeal was filed. This appeal of the petitioner was dismissed on 22.1.1976.

(3.) From the above facts, it is clear that the petitioner/Judgmentdebtor against whom the ex parte decree in a suit for possession, was passed, did not file any appeal against the ex parte decree. He only sought setting aside of the ex pane decree under Orders and Rules in which he had failed.