C.R. No. 1729 of 2007 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1729 of 2009 Date of decision: March 27, 2009 Aman Mahajan .. Petitioner v. Satbir Singh and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Ashwani Talwar, Advocate for the petitioner. .. Rajesh Bindal J. The challenge in the present petition is to the order dated 13.3.2009, passed by the learned lower appellate court, whereby his application for seeking stay of proceedings in the appeal filed by respondent No. 1, till the decision of the application filed by the petitioner for setting aside of ex parte decree by the learned trial court, was dismissed. Respondent No. 1 had filed a suit for specific performance against the predecessor-in-interest of the petitioner, namely, Yash Mahajan. The petitioner was proceeded against ex parte. In spite of that, the suit was dismissed. Respondent No. 1 is in appeal before the learned lower appellate court. On the other hand, the petitioner filed application before the trial court for setting aside of ex parte decree. The prayer before the learned lower appellate court was that till such time, the application filed by him is decided, the proceedings in the appeal may be kept in abeyance. The learned court below having dismissed the application, the petitioner is before this Court. Learned counsel for the petitioner submitted that certain more issues were required to be framed in the suit for the purpose of proper adjudication of lis between the parties and in the absence thereof, the petitioner will not be able to substantiate his plea before the lower appellate court. However, I do not find any merit in the submissions made. The suit filed against the predecessor-in-interest of the petitioner was dismissed by the learned trial court in spite of the fact that the petitioner was proceeded against ex parte. It is the appeal filed by the plaintiff against the judgment and decree of the C.R. No. 1729 of 2007 [2] trial court, which is to be defended by the petitioner. Whatever pleas are available to the petitioner in law can be raised by him before the learned lower appellate court. The revision petition is dismissed. (Rajesh Bindal) Judge 27.3.2009 mk