Swatanter Kumar, J. - This revision is directed against the order dated 29.1.1998 passed by the learned Additional District Judge, Gurdaspur, while exercising its appellate jurisdiction, whereby the appeal preferred by Shri Ajit Singh was dismissed. The appeal was preferred against the order of the learned trial Court dated 19.2.1994 dismissing an application of the said defendant under Order 9 Rule 13 read with Section 151 of Code of Civil Procedure.

2. A suit for possession by means of specific performance was filed by Santokh Singh against Gurbachan Singh. This suit filed by the plaintiff was decreed ex parte by the learned trial Court vide its judgment and decree dated 1.9.1988. Gurbachan Singh applicant filed an application under Order 9 Rule 13 read with Section 151 CPC stating that he had no knowledge about the pendency of the suit and he came to know of the passing of the ex parte decree only when notice of the execution proceedings was served upon him. Gurbachan Singh who filed the application, died during the pendency of the application/suit. Ajit Singh and others were then brought on record as legal representatives of the deceased. He claimed that he had come to