Raj Mohan Singh, J. - (1.) Petitioners have challenged order dated 04.11.2016 passed by Civil Judge (Junior Division), Karnal whereby application under Order 9 Rule 13 read with Section 151 CPC was allowed and judgment and decree dated 07.08.2014 was set aside.
(2.) Plaintiffs-Petitioners filed a suit for permanent injunction against the applicants-defendants on the ground that plaintiffs were in possession of the suit property and defendants No.1 and 2 were bent upon to dispossess them. Defendants No.1 and 2 were sought to be served by means of substituted service and were ultimately proceeded against ex parte. Ex parte judgment and decree was passed against them.
(3.) It was asserted by the defendants that filing of the suit itself was an abuse of process of law. Plaintiffs had earlier filed a suit in respect of same property. Plaintiffs laid claim to the property on the basis of plea of adverse possession. In the aforesaid suit, an application for ad interim injunction was also filed.;