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2018 Supreme(P&H) 3258

KULDIP SINGH
Jagmohan Singh And Another – Appellant
Versus
Sat Parkash Goyal And Another – Respondent


Advocates Appeared:
Sumneet Mahajan, Adv., Ramneek Kaur, Adv., Sanjeev Goyal, Adv.

JUDGMENT

Kuldip Singh, J —Impugned in the present second appeal against the order is the order dated 12.3.2015 passed by learned Additional District Judge Ludhiana whereby an application filed by the present appellants for permission to file third party appeal against the ex parte judgment and decree dated 20.5.2013 passed by learned Additional Civil Judge (Sr.Divn.) Ludhiana was dismissed and consequently the appeal was also dismissed.

2. It is necessary to go into the background of the case. It comes out that Sat Parkash Goyal filed a suit for declaration against his brother Megh Raj to the effect that he is owner in joint possession to the extent of 1/4th share in the property situated in Ludhiana and owner in possession of property at Mumbai as detailed in the plaint. He has also sought injunction against him. The suit was instituted on 14.5.2003. On being put to the notice, defendants put in appearance and filed written statement putting forward his side of the story. However, after framing of the issues, the defendants skipped from the proceedings and were proceeded against ex parte on 7.11.2007. Consequently, after recording ex parte evidence, the suit filed by the plaintiff

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