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1996 Supreme(P&H) 595

ASHOK BHAN
Gian Kaur – Appellant
Versus
Amrit Singh – Respondent


Judgment

Ashok Bhan, J.

1. Gian Kaur plaintiff-petitioner (hereinafter referred to as the petitioner) filed a suit for permanent injunction against Balwant Kaur, Sharanjit Kaur, Avtar Singh, Jaspreet Singh, giving their addresses as House No. 1122, Sector 20-B, Chandigarh and Amrit Singh giving his address as House No. 2274, Sector 21-B, Chandigarh, restraining them from alienating the suit land as described in the head note of the plaint or creating any sort of encumbrance over it.

2. The suit was filed in November, 1980 which was decreed ex-parte against the defendant-respondents (hereinafter referred to as the respondents) on 25.7.1981. On 20.8.1986, two sets of applications, one by Balwant Kaur and Avtar Singh etc. and the other by Amrit Singh were filed under Order 9 Rule 13 C.P.C. for setting aside ex parte decree dated 25.7.1981 in Civil Suit No. 705 of 4.11.1980 titled as Gian Kaur v. Balwant Kaur and Ors.. Both these applications were dismissed by the trial Court on 20.10.1989 against which two separate appeals were filed before the District Judge, Sangrur. Both the appeals were consolidated and disposed of together. The appeals were accepted, order of the trial Court was s













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