JUDGMENT :

Jyotsna Rewal Dua, J.

The case:-

Present appellants are successors of Sukh Ram-the original plaintiff in the civil suit, whereas respondents are successors of Jagat Ram-the original defendant in the suit.

The defendant/Jagat Ram had earlier instituted Civil Suit No.79/1 of 1982 against the plaintiff/Sukh Ram. Sukh Ram was proceeded ex parte in that civil suit on 23.06.1983. Ex parte judgment and decree was passed against Sukh Ram on 01.12.1984 whereby Jagat Ram (plaintiff in that suit) was declared to have become owner of the suit land by virtue of adverse possession. About a month later i.e. on 18.01.1985, Sukh Ram instituted instant suit against Jagat Ram for declaration that the ex parte decree passed in favour of defendant/Jagat Ram on 01.12.1984 has no effect on plaintiff’s right; order dated 23.06.1983 by which the plaintiff was proceeded ex parte be declared as null and void, having been obtained by the defendant fraudulently. The suit instituted by the plaintiff bearing No. 54/1 of 2007/85 was dismissed by the learned Trial Court on 30.07.2007. Plaintiff’s appeal against this judgment and decree was also dismissed by the learned First Appellate Court on 31.07.2008, h