JUDGEMENT
MEHINDER SINGH SULLAR, J. -
(1.) THE contour of the facts and material, culminating in the
commencement, relevant for deciding the instant revision petition and
emanating from the record, is that, initially, petitioners -plaintiffs Sewa
Singh & Harinder Singh ss/o Balbir Singh (for brevity "the plaintiffs") have
instituted the civil suit (Annexure P1), for a decree of declaration to the
effect that they, along with their brothers, are owners & in possession, with
a consequential relief of permanent injunction, restraining respondents -
defendants Punjab State, BDPO & ASI, Police Chowki, Ghanauli, District
Rupnagar (for short "the defendants") from interfering into their possession
over the property in dispute. Since no body appeared on behalf of
defendants No.1 & 2, so, the exparte proceedings were ordered against them
by the trial Court, vide order dated 26.4.2004 (Annexure P2).
(2.) SEQUELLY , the application (Annexure P3) was filed on behalf of defendant No.2 for setting aside the ex parte proceedings. As it was filed by
some Sarpanch of Gram Panchayat (for brevity "the GP"), without any
authority and not on behalf of defendant No.2 -BDPO, therefore, the
application was held to be not maintainable and was dismissed as such by
the trial Court, by virtue of order dated 20.9.2006 (Annexure P5).
Ultimately, defendant No.2 filed the application (Annexure P9) for setting
aside the ex parte order (Annexure P2). The plaintiffs refuted his prayer,
filed the reply (Annexure P10), strongly denied all the allegations contained
in the application and prayed for its dismissal.
Taking into consideration the facts and entire material on record, the trial Court accepted the application (Annexure P9), set aside the
ex parte proceedings and permitted defendant No.2 to contest the suit, by
means of impugned order dated 10.10.2013 (Annexure P11).
(3.) AGGRIEVED thereby, the petitioners -plaintiffs have preferred the present petition, invoking the superintendence jurisdiction of this Court
under Article 227 of the Constitution of India.;
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