JUDGMENT :

Anil Kshetarpal, J.

1. The petitioners herein were defendants in a suit for grant of decree of declaration that the plaintiff is the absolute owner by way of adverse possession of the suit land in which was decreed ex parte.

2. Through this revision petition, the petitioners assail the correctness of order passed by the trial Court which has been affirmed by the First Appellate Court while dismissing an application under IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) to set aside the above noted ex parte decree.

3. In order to comprehend the issue which arises for adjudication, it is important to take note of the brief facts.

4. It may be noted that two similar suits were filed by the respondents against the petitioners on the identical grounds. One of the said suits was contested by the petitioners and it was dismissed on merits. The aforesaid decree was upheld by the High Court in Regular Second Appeal and now it has become final. Another similar suit i.e. CS No.45-C dated 16.01.2004 filed with respect to another plots between the same parties with similar assertions was decreed ex parte, on 07.06.2005.

5. On the presentation of the plaint