DALIP KUMAR GHAI Vs. DALJIT SINGH BOPARAI

JUDGEMENT

(1.) Having lost battle before the learned lower Court, the petitioner has knocked at the door of this Court through the petition in hand by virtue of which he has challenged the order dated 10.11.2008 passed by the Additional Civil Judge (Senior Division) Dera Bassi, Punjab vide which application under Order 9 Rule 13, Civil Procedure Code, filed by the respondent has been allowed.

(2.) THE other facts required to be noticed for the disposal of this petition are that the petitioner filed a civil suit for declaration to the effect that he is co-sharer to the extent of 1/2 share in the land measuring 14 Bighas 3 Biswas situated in village Singhpura, Tehsil Dera Bassi district Mohali, Punjab. The suit was filed on 7.3.2002 in which respondent was proceeded against ex parte vide order dated 26.8.2002 passed by the Civil Judge (Junior Division) which runs as under :