HARJASWANT SINGH ALIAS JASWANT SINGH Vs. NIRANJAN SINGH

JUDGEMENT

(1.) The petitioner is aggrieved of the order dated 27.4.2011, whereby the application filed under Order 9 Rule 13 CPC seeking settingaside of the ex-parte order dated 22.3.1999 and ex-parte judgment and decree dated 22.3.2001, has been dismissed and order dated 3.12.2013, whereby the appeal filed against the dismissal of the application, has been dismissed.

(2.) Mr.R.S.Budhwar, learned counsel appearing on behalf of the petitioner submits that Bakhtawar Singh was owner of the land and he, vide judgment and decree dated 28.8.1971, executed a decree in favour of the petitioner. In 1998, the aforementioned judgment and decree was challenged by Bakhtawar Singh and in those proceedings, the petitioner, who was arrayed as a defendant, was proceeded ex-parte on 22.3.1999 and thereafter ex-parte judgment and decree dated 22.3.2001 was passed.

(3.) An application under Order 9 Rule 13 CPC in the suit was filed on 31.5.2001 taking numerous grounds, which are numerated herein below:-