R.L.Anand, J.

1. This is a civil revision and has been directed against the order dated 3.2.1999 passed by Additional District Judge, Ludhiana, who affirmed the order dated 27.5.1997 passed by Civil Judge (Junior Division), Ludhiana, who dismissed the applications of Paramjit Singh under Order 9 Rule 13 C.P.C. and Section 5 of the Limitation Act.

2. The brief facts of the case can be described in the following manner:-

Faquir Singh, respondent (plaintiff in the trial Court) filed a suit against Kabul Singh, Paramjit Singh etc. The suit was to the effect that the defendants be restrained from taking forcible possession of the land in dispute which, according to Faquir Singh, is in his possession. Paramjit Singh was defendant No. 2 in the trial Court. Notice of the suit was given to the defendants. Defendants Nos. 1 and 3 were proceeded ex parte. The suit was contested by Paramjit Singh, defendant No. 2, who even engaged a counsel and filed the written statement. The case was earlier pending in the court of Mr. G.K. Dhir and then it was transferred to the Court of Mr. Harjinder Pal Singh. The case was fixed on 30.1.1995 when neither the defendant No. 2 nor his counsel appeare