GRAM PANCHAYAT Vs. SURAT SINGH

JUDGEMENT

(1.) SURJIT Singh and Harbans Singh as plaintiffs filed a suit against the Gram Panchayat of village Kate Ke uttar, Tehsil Patti, District Amritsar through Sarpanch Balwinder Singh on 18-11-1983 seeking permanent injunction, restraining the defendant from interfering with their possession or' dispossessing them from the land measuring 63 kanals 5 marlas specified in the heading of the plaint.

(2.) AN ex-pane decree was passed in their favour on 14-1o-1985. and an injunction was issued against the Gram Panchayat restraining from interfering with the possession of the plaintiff or from dispossessing them from the suit land otherwise then by due process of law.

(3.) THAT on 15-11-1985 the defendant Gram Panchayat, made an application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside the ex-parte decree. That application was contested by the plaintiffs. The trial Court after recording the evidence adduced came to the conclusion that no case is made out for setting aside the ex-parte decree dated 14-10-1985 and thus dismissed the application under Order 9 Rule 13 of the Code vide his order dated 21-9-1987. Against this order dated 21-9-1987, an appeal was preferred by the Gram Panchayat before the District Judge, Amritsar through Sarpanch Balwinder Singh.