V. K. Mehrotra, A.C. J.—A suit was instituted by Purbia, who is the respondent in this revision, in the court of Senior Sub-Judge, Mandi, being suit No. 29 of 1979. The plea raised in the suit was that defendants nos. 2 and 3, namely, Karam Dass and Barthi, both his brother and sister, had transferred their l/3rd and l/6th share, respectively, in land on January 19, 1978 in favour of Singh, who is the applicant in this revision, for Rs. 3,000. This sale, according to the case set up in the plaint, was void as the property was joint Hindu family coparcenary property and there was no legal necessity and, therefore, Karam Dass could not alienate it. Also, that Barthi had no right to sell the property.

2. The suit was decreed ex parte as defendant no. 1, the present applicant, failed to appear inspite of service of summons upon him. The decree was passed on October 27, 1979 by which it was declared that the sale aforesaid was void. A decree for possession was also granted in favour of the plaintiff.

3. An application under Order IX, Rule 13, C. P. C. was made by Singh for setting aside the ex pane decree, on January 18, 1980. It was registered as Miscellaneous application No- 2 o