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2019 Supreme(P&H) 1916

RAJ MOHAN SINGH
Jitender And Others – Appellant
Versus
Ramphool And Others – Respondent


Advocates Appeared:
S.K. Garg Narwana, Advocate, J.S. Johal, Advocate, Vikas Bahl, Advocate, Nikhil Sabharwal, Advocate

JUDGMENT

Raj Mohan Singh, J. - Petitioners have preferred this revision petition against the order dated 24.08.2018 passed by Civil Judge (Junior Division), Faridabad, vide which application filed by respondent No.2 under Order 9 Rule 13 read with Section 151 CPC for setting aside the ex parte order dated 16.01.2013 and ex parte judgment and decree dated 29.09.2014 has been allowed. Judgment and decree dated 29.09.2014 has been set aside qua respondent No.2 and the case has been fixed for filing written statement on behalf of respondent No.2.

2. Before adverting to the merits of the case, some past history of the case is relevant to be noticed. It is not in dispute that respondent No.2 had entered into an agreement to sell with respondent No.3 Dharambir vide agreement to sell dated 30.01.1996 in respect of 20 kanals of land. On refusal to execute the sale deed, a civil suit was filed by respondent No.2 against respondent No.3 Dharambir. The civil suit was decreed by the trial Court vide judgment and decree dated 19.11.2003.

3. During pendency of the suit, respondent No.3/Dharambir executed sale deed dated 29.03.2001 in favour of respondent No.1 Ramphool. Judgment and decree dated 19

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