V.K.Jhanji, J.

1. This civil revision is directed against order dated 15.9.1995 whereby application filed by the petitioner to set aside ex parte judgment and decree dated 17.5.1993 was dismissed by the trial Court. Challenge is also to order dated 3.9.1997 whereby Appellate Court dismissed the appeal preferred against order dated 15.9.1995.

2. In brief, the facts are that one Mohna Singh was the owner of the property in dispute. He got this property by virtue of Civil Court decree dated 20.12.1973. Before the decree could be executed, Mohna Singh died. Dayal Singh, one of his sons, filed execution application to execute the decree on the basis of will dated 9.11.1976 alleged to have been executed in his favour by his father Mohna Singh. Brother of Dayal Singh, namely, Raman Singh questioned the execution application on the ground that Mohna Singh had not executed will in favour of Dayal Singh. Executing Court, apart from others, on the basis of pleadings, framed issue in regard to execution of Will by Mohna Singh in favour of Dayal Singh. Parties were allowed to lead evidence and on the basis of evidence brought on record, Executing Court vide judgment dated 27.2.1984 held