Rakesh Kumar Jain, J.

1 Defendant has challenged order dated 8.2.2008 passed by learned Civil Judge (Jr. Division), Ambala whereby, an application filed under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short CPC) was dismissed and has also challenged order dated 5.9.2008 passed by learned Addl. District Judge, Fast Track Court, Ambala whereby, an appeal preferred by the petitioner against the order of learned Civil Judge (Jr. Division) Ambala, dated 8.2.2008 was dismissed.

2 Briefly stated, the background of the case is that plaintiff/respondent filed a suit for permanent injunction restraining the defendant/petitioner from interfering, in any manner, whatsoever, in their peaceful and lawful possession over the Bara in dispute. In this suit, defendant/petitioner was proceeded against ex parte on 16.2.1995 and suffered an ex parte decree on 17.9.1999. The defendant/petitioner challenged the ex parte judgment and decree dated 17.9.1999 by way of an appeal which was adjourned sine die and had also filed an application under Order 9 Rule 13 of the CPC before the trial Court for setting aside the ex parte judgment and decree. In the application filed under Order 9