SWAMI PRAGYA NAND Vs. RAM SWAROOP KAPUR

JUDGEMENT

(1.) DEFENDANT No. 2 Applicant, Sh. Ravinder Kapur has moved this application under Order 9 Rule 7, C, P C for setting aside the ex -parte proceedings ordered against him on 16 -12 -1981. This suit and suit No. 40 of 1981 have been consolidated with suit No. 24 of 1981 vide order dated 17 -6 - 1985, inter alia, on the grounds that these pertain to the same property. At the time of consolidation all the three suits were at argument 'sstage. The Applicant is proforma Defendant No. 7 in Civil Suit No. 24 of 1981 but he is being proceeded ex -parte therein. He has not applied for setting aside ex -parte proceedings in that suit. He is not a party in the third suit, Civil Suit No. 40 of 1981.

(2.) AS stated in the application, the Applicant acquired knowledge of the pendency of the suit on 26 -

(3.) IN order to decide the controversy between the parties, the following issues were framed and the parties were directed to adduce evidence thereon -