(1.) Feeling aggrieved against the order dated 07.11.2013 (Annexure P-3) passed by learned Additional District Judge, Kurukshetra dismissing the civil miscellaneous appeal of the petitioner, upholding the impugned order dated 12.02.2013 (Annexure P-2) passed by learned Civil Judge (Sr. Divn), Kurukshetra, thereby dismissing the application of the petitioner moved under Order 9, Rule 13 of the Code of Civil Procedure (for short 'CPC'), seeking setting aside the ex-parte order dated 11.08.2003 as well as the ex-parte judgment and decree dated 23.02.2005, petitioner-defendant has approached this Court by way of instant revision petition under Art. 227 of the Constitution of India, for setting aside the impugned orders.
(2.) Notice of motion was issued.
(3.) Facts are hardly in dispute. Respondents-plaintiffs filed a suit for declaration with consequential relief of permanent injunction. In fact, main plank of the plaintiffs-respondents was that they have become owners in possession of the suit land by way of adverse possession. On the basis of said averment taken by the plaintiffs-respondents in their pleadings, learned trial Court framed issue No.1 to the effect, whether the plaintiffs are owners in possession of the suit land by way of adverse possession. However, when the case was listed for evidence of the plaintiffs, defendant did not appear and was proceeded against ex-parte vide order dated 11.08.2003. Suit of the plaintiffs was decreed vide ex-parte judgment and decree dated 23.02.2005 (Annexure P-1).