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2018 Supreme(P&H) 2946

DEEPAK SIBAL
Jaswinder Singh – Appellant
Versus
Sahib Masih – Respondent


Advocates Appeaerd:Mr. Raman Goklaney, Advocate for the petitioner.

JUDGMENT

Mr. Deepak Sibal, J. (Oral):- The present petition is directed against the orders dated 07.01.2017 and 18.07.2017 passed by Civil Judge (Junior Division), Ferozepur (for short – the Executing Court), through which the petitioner/judgment-debtor’s objections have been dismissed.

2. The facts, in brief, which are required to be noticed for adjudicating upon the present petition are that respondent no. 1 filed a suit seeking therein possession of land detailed and described in the head note of the plaint (for short – the suit property). In such suit, the petitioner, who was defendant no. 1, was proceeded ex-parte. After considering the exparte evidence led by respondent no. 1, through judgment and decree dated 19.10.2007, Civil Judge (Junior Division), Ferozepur (for short – the trial court) decreed respondent no.1’s suit. About six years thereafter i.e. in September 2013, the petitioner filed an application under Order 9 Rule 13 CPC seeking setting aside of the aforesaid judgment and decree passed by the trial court. Such application was dismissed by the trial court on 07.11.2016, against which the petitioner has filed an appeal which is pending before the Appellate Court. In

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