N.K. Kapoor, J. - This revision petition is against the order dated 4th May, 1994 passed by Sub-Judge I Class, Ludhiana whereby the respondents application for setting aside the exparte decree dated 13th July, 1987 has been accepted.

2. Petitioner filed a civil suit against the respondent his brothers claiming exclusive right in respect of the property which fell to his share on the basis of a family settlement. According to the petitioner, summons were issued for service of the respondent-Maghar Singh, who declined to accept the summons and so the Court ordered for effecting service upon him through munadi. It is after due service that ex-parte proceedings were taken against respondent No. 1 and thereafter on the basis of evidence adduced by plaintiff the petitioner that the Court passed ex-parte decree on 30th July, 1987. It is the case of the petitioner that respondent No. 1 knew of the pendency of the suit and purposely did not put in appearance and now has come forward with a false plea that he had no knowledge of the pendency of the suit. This plea has been advanced so as to reopen the concluded controversy for no justifiable reason. Otherwise too, there is sufficient