- (1.) The petitioner is aggrieved of the order dated 07.09.2012 (Annexure P-4) to the extent that it does not permit him to file the written statement, even though he has been permitted to join the proceedings, while accepting his plea for setting aside ex-parte order against him.
(2.) The facts of the case would reveal that the petitioner is one of the defendants in the suit filed by the present respondent No. 1 for ownership and possession of the property detailed therein on the basis of a registered sale deed executed in favour of his father in the year 1978 and to declare the subsequent sale deeds and judgment/decree dated 22.09.1994 in a civil suit regarding this very property as null and void. He has also sought joint possession, rectification of jamabandi and permanent injunction.
(3.) The petitioner was proceeded against ex-parte when he did not respond to the proceedings despite having been served through publication. The suit was preferred by respondent No. 1 in the year 2007 for challenging subsequent sale deeds on the premise that the predecessor-in-interest of the present respondent No. 1/plaintiff had allegedly purchased a part of the property from Harbans Singh (predecessor-in-interest of defendants No. 2 to 9).;