( 1 ) BOTH these appeals being, in a sense, interconnected, it would be convenient to dispose them of by a common order. While First Appeal No. 161 of 1994 is directed the ex parte judgment and decree dated 5-1-1994 passed in suit No. 71 of 1992 Surendra Singh Pahwa v. Chandra Kumar, first Appeal From Order No. 1014 of 1994 is directed against the order rejecting application under Order 9, Rule 13, C. P. C. for setting aside the ex parte decree which is the subject matter of challenge in the first Appeal.

( 2 ) THE suit giving rise to these appeals was filed by the plaintiff respondent No. I, Surendra singh Pahwa against the respondents Nos. 2 to 4 impleading the appellant as defendant No. 4 for specific performance of a contract for sale dated 23/3/1976 between Ram Kumar, the father of the defendant Nos. 1 to 3 and Deshraj Singh Pahwa, the father of the plaintiff for sale consideration of Rupees 1,70,000. 00 as well as for perpetual injunction restraining the defendant appellant from auctioning the suit property in connection with the recovery of certain income-tax dues outstanding against Ram Kumar. It was alleged in the plaint that a sum of Rs. 20,000. 00 was paid in advance as

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