Permod Kohli, J.:- On hearing the learned counsel for the parties, I am of the opinion that following substantial questions of law are involved in the present Regular Second Appeal for consideration of this Court:­

A. Whether doctrine of res-judicata is applicable where the defendant in earlier suit has taken no defence and suffered an ex-parte decree?

B. Whether suit simpliciter for injunction against the alleged co-sharer in exclusive possession is maintainable?

2. This is plaintiffs Regular Second Appeal against the judgment and decree dated 12.3.1984 passed in Civil Appeal No.137 of 1982 by the Additional District Judge, Jullundur, allowing the appeal of defendant-respondent against the judgment and decree dated 3.5.1982 passed by Sub Judge 1st Class, Jullundur. As a consequence, suit of the plaintiff-appellant has been dismissed.

3. The dispute in this Regular Second Appeal relates to succession in respect to property of one Kunda Singh @ Kundan Singh who died in the year 1940, leaving behind two daughters, namely, Rattni and Bachani. Plaintiff-Kishan Singh and defendant­Sucha Singh are admittedly sons of Kunda Singh’s real uncle. From the pedigree table, it appears t