- (1.) This is a revision petition under Article 227 of the Constitution of India filed by defendant- petitioners impugning the order dated November 7, 2011 passed by Sh.Balwant Singh, PCS, Additional Civil Judge (Senior Division), Patiala, dismissing the application of the petitioners seeking to set aside the ex-parte proceedings in a suit for separate possession by way of partition of 1/10th share of plaintiff respondents in plot/Kothi No.45 situated at Passi Road, Patiala. Petitioners claimed that an ex-parte preliminary decree has been passed against them on November 10, 2003 and that they have filed an application under Order 9 Rule 13 CPC for setting aside the ex-parte preliminary decree. The said application is still pending. Thereafter an application for final decree was filed by plaintiff- respondents on June 5, 2004. It is claimed by the petitioners that they were impleaded as defendants No.2 and 3 but they were not actually served being residents of Canada.
(2.) The trial Court vide order dated November 7, 2011 has expressed an opinion that the defendant- petitioners had sold their entire share in the joint property in dispute to Tejinder Pal Singh Sandhu and his wife Anoop Inder Kaur despite an interim injunction order having been passed by the Court. As the defendant- petitioners have no share in the property, it is not necessary to hear them in the present partition application and that they filed the application for setting aside the ex-parte proceedings merely to delay the proceedings of the case.
(3.) I have heard counsel for the petitioners as well as counsel for the respondents.;