JUDGMENT

B. P. DAS, J. — This revision application is filed by defend¬ant No. 12 in Title Suit No. 59 of 1978 pending before the Civil Judge (S.D), Kendrapara challenging the order passed by the Addl. District Judge,Kendrapara dismissing his Title Appeal No. 38 of 1992 and confirming the order of the trial Court rejecting the petition filed under Order 9 Rule 13 of the Civil Procedure Code (for short the ‘C.P.C.’) for setting aside the ex parte order passed against him.

2. The case of the petitioner is that opposite party No. 1 as the plaintiff filed Title Suit No. 59 of 1978 for partition along with a prayer to declare that the plaintiff and his adop¬tive mother-defendant No. 2 are not bound by the sale deeds dated 23.9.1974, 8.8.1977 and 4.7.1978 executed by Agani, i.e., the adoptive father of the present opposite party No. 1. Further case of the petitioner is that the petitioner himself and his brothers have purchased Ac 0.58 decimals of land by a registered sale deed dated 8.8.1977. According to him, the trial Court in an ex parte decree dated 22.11.1986 held that so far as ‘Ga’ schedule proper¬ties are concerned, the properties which are purchased by defend¬ant Nos. 12 to 17 u