DALBIR SINGH Vs. BACHAN SINGH

JUDGEMENT

(1.) The present petition is filed under Article 227 of the Constitution of India challenging the order dated 1.10.2004 passed by learned Addl. Civil Judge (Sr. Divn.) Gurdaspur as well as order dated 13.8.2007 passed by Addl. District Judge, Fast Track Court Gurdaspur (Annexures P-1 and P-2) whereby the application of the petitioner-defendant No. 2 under Order 9 Rule 13 CPC was dismissed.

(2.) The brief facts of the present case are that plaintiffs have filed suit for declaration against the defendants inter alia on the ground that land in dispute was earlier owned by Nihala Singh son of Giana resident of Village Kot Todar Mal, Tehsil Gurdaspur, who had mortgaged with possession the same with Udham Singh son of Assa Singh vide mortgage deed dated 4.1.1930; After the death of Udham Singh, the mortgagee rights had developed upon Lal Singh and Banta Singh in equal shares and accordingly Mutation No. 1209 was sanctioned in their favour; Banta Singh died issueless without leaving behind any widow and as such his estate had developed upon Lal Singh; Lal Singh became the mortgagee of the entire mortgaged land; the plaintiffs are the heirs of Lal Singh hence now defendants have matured their title over suit; Suit was decreed ex-parte vide judgment dated 27.12.2000.

(3.) An application under Order 9 Rule 13 was moved by defendants No. 1 and 2 for setting aside the ex-parte judgment and decree dated 22.12.2000. Application moved by defendants No. 1 and 2/petitioner herein was dismissed vide order dated 1.10.2005 and appeal against order dated 1.10.2004 was also dismissed by the appellate Court vide judgment dated 13.8.2007.