SURJAN SINGH Vs. HARBHAJAN SINGH AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 23.12.2008 passed by learned Additional District Judge (Adhoc), Fast Track Court, Gurdaspur vide which order dated 26.5.2003 (Annexure P -5) passed by learned Civil Judge (Junior Division), Gurdaspur was reversed and with further prayer that application under Order IX Rule 13 of the Code of Civil Procedure (for short 'the Code') filed by the Respondents for setting aside ex -party judgment and decree in favour of the Petitioner be dismissed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned appellate court.

(3.) THIS fact has not been disputed by learned Counsel for the Respondents. Moreover, perusal of various zimni orders placed on record shows that application under Order 41 Rule 27 of the Code was filed by the Petitioner on 11.3.2008, when the following order was passed: