OM PRAKASH Vs. AMARJIT SINGH

JUDGEMENT

(1.) Special Leave granted. Arguments heard.

(2.) This appeal by the unsuccessful defendant who has suffered a decree of specific performance of an agreement to sell relating to a piece of immovable property, is Directed against the order dated 6/08/1987 of the High court of Punjab and Haryana in RSA No. 2569 of 1987 dismissing, in limine, appellant's second appeal.

(3.) Amarjit Singh, respondent I, brought the Civil Suit No. 3397/82/259.80 in the court of Sub-Judge 1st Class; Patiala for specific enforcement of an agreement to sell dated 14/02/1979 said to have been executed in his favour by the appellant respecting the suit property. After service of summons, appellant entered appearance and filed his written statement. But on D 7/12/1981 he was placed ex parte for "default of non-appearance". On 4/02/1982, plaintiff (respondent 1 examined two witnesses on his side. But later the same day appellant appears to have filed an application presumably under Order 9, Rule 7 Civil Procedure Code to have the earlier order dated 7/12/1981 placing him ex parte set aside. This application was dismissed for default on 25/09/1982. On Se 30/09/1982 appellant filed an unsigned application for setting aside that order of dismissal dated 25/09/1982 and also for setting aside the order dated 7/12/1981 placing him ex parte. This application was dismissed by the trial court on 25/02/1983 on the ground that it had not been signed by the appellant. However, the High court in revision allowed appellant's prayer and remitted that application for a fresh disposal, after affording to the appellant the opportunity to sign that application. Pursuant thereto, that application was signed by the appellant on 25/05/1983; but on 16/09/1983 the application was again dismissed by the trial court on the ground that it was barred by time. The trial court took the view that the date of affixture of the signaturewas to be reckoned as the date of its filing and, accordingly found it out of time.