J.M. Malik, J.

1. Learned Trial Court dismissed the application under order 9 Rule 13 C.P.C. moved by the appellant, on 20.10.2006. Aggrieved by this order, first appeal has been preferred before this Court. Smt. Kamlesh, respondent filed a suit for possession, permanent injunction, mandatory injunction, damages and pendente lite mesne profits with interest. Learned Trial Court decreed the suit on 11.11.2005. This is an indisputable fact that the appellant who was arrayed as defendant No. 3 was served on 18.5.2005. He did not appear before the Court and thereforee he was proceeded against ex-parte.

2. The appellant has enumerated the following grounds in his application under Order 9 Rule 13 CPC dated 18.10.2006. The respondent/plaintiff is his real sister. The appellant received Court notice of this case on 18.5.2005. He engaged Shri D.N. Pandey, Advocate, who assured the appellant that he would represent his case diligently. The appellant kept on enquiring from his advocate. On each time, the appellant was told that his case was being properly looked after. The above said advocate assured him that he would be called, whenever, his presence was required in the Court. The a