Ashok Bhushan, J. - (1.) Leave granted.
(2.) This is an appeal by legal heirs of one Ranjit Singh who was defendant in Suit No. 123 of 1997 filed by Parkash Kaur, Respondent No. 1 praying for specific performance of an agreement dated 25.01.1995. The suit proceeded ex parte against the defendant and by judgment and order dated 06.11997 was decreed ex parte directing for specific performance of agreement in favour of respondent-plaintiff. Respondent-plaintiff was also directed to get the suit land redeemed from Defendant No. 2 with whom the suit property was mortgaged. The defendant No.1, Ranjit Singh filed an application dated 20.07.1999 under Order IX Rule 13 C.P.C. praying for setting aside the ex parte decree dated 06.11997.
(3.) Case of the defendant in the application was that he was never served in the above case and he had no knowledge regarding pendency at any stage. When the application filed by Ranjit Singh, defendant was called on 19.10.2001, the learned counsel appearing for applicant-defendant made a statement that he had no instructions from the applicant. Consequently, the application filed under Order IX Rule 13 C.P.C. was dismissed in default. Ranjit Singh died on 20.11.2001. Legal heirs of the Ranjit Singh, who are appellants in the present appeal, filed an application dated 21.08.2002 praying that application under Order IX Rule 13 C.P.C. be restored and applicants be allowed to pursue this application and be also allowed to file written statement and contest the suit. The said application dated 21.08.2002 was objected by the plaintiff.;