(1.) BY this order I shall dispose of application IA No. 9011/2007 (U/o DC r 7 r/w S 151 CPC) in CS (OS) No. 2115/1999 filed by the defendant for setting aside ex parte order dated 12th July, 2007.
(2.) THE facts of the case are that the plaintiff and defendant are real brothers. Both are sons of Late Sh. Mahender Pal Singh who was the owner of the perpetual lease rights of the property built on the plot bearing No. 15, babar Road, New Delhi-110001 and other properties.
(3.) IT is an undisputed fact that late Sh. Mahender Pal Singh executed his last Will and Testament dated 16th May 1970 in the name of plaintiff and defendant. Sh. Mahender Pal Singh died on 15th May 1978.