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Issue No.2.

12. Onus to prove this issue is on respondent Yashwant Rai. Applicant Manjit Singh has challenged the ex parte decree dated 10.5.2003 on 2.9.2003, after lapse of four months. Only vague plea has been taken by the applicant that he come to know about the ex parte ejectment order only yesterday when landlord came at the shop in dispute along with ex parte ejectment order and tried to get forcible possession of the shop from the applicant on the basis of ex parte ejectment order. Respondent Yashwant Rai has already filed execution application to get possession of the shop in dispute from applicant Manjit Singh. Therefore, this plea of applicant Manjit Singh is not tenable that respondent Yashwant Rai tried to get forcible possession of the shop in dispute from the applicant. As such, this application is time barred. Hence, this issue is decided in favour of respondent Yashwant Rai and against applicant Manjit Singh."