Heard Sri P. C. Jain, Advocate, Counsel for the petitioners and Sri T. B. Pandey, holding brief of Sri B. N. Misra, learned Counsel for Respondent Nos. 3, 4 and 5.

2. Basant Lal Bhargavason of Fateh Chand and Smt. Parmeshwari Devi widow of late Fateh Chand filed Original Suit No. 684 of 1967 in the Court of Munsif, Koil (Aligarh ). against present petitioners Salig Ram and Yogendra. Salig Ram, since died during pendency of the present peti tion, his legal representatives have been substituted under orders of this Court, suit was filed for decree to dispossess the defendants and taking over possession over the property in dispute after getting the disputed structures standing thereon demolished and removed. Suit was decided vide exparte judgment and decree dated 27-10- 1978 inasmuch as the defen dants failed to appear before the court. An application under Order IX, Rule 13, Civil Procedure Code (CPC) was filed by the defendants, which was rejected by the trial court vide judgment and order dated 31-7-1979 (Annexure-II ). Feeling aggrieved, defendants filed Miscellaneous Appeal in the Court of District Judge (Aligarh) under Order LXIII, Rule 1, C. P. C. Said miscellane