(1.) The present petition is filed seeking for the following relieves;
(2.) It is the case of the petitioner that O.S. No.52/2004 was instituted against the respondent for declaration of title. Though, the respondent was served with the suit summons, he was placed exparte and he did not contest the suit. On the basis of the evidence adduced by the petitioner, the suit was decreed on 1/9/2012. That after lapse of more than three years, the respondent filed Civil Miscellaneous No.16/2015 under Order IX Rule 13 R/w Sec. 151 of the C.P.C., to set aside the exparte Judgment and decree passed in O.S.No.52/2004 and along with the said petition, an application was filed under Sec. 5 of the Limitation Act to condone the delay. The trial Court by its order dtd. 8/6/2020, dismissed the application filed under Sec. 5 of the Limitation Act, to condone the delay and consequently, dismissed C.Misc. No.16/2015.
(3.) Being aggrieved, respondent filed M.A.No.04/2020, before the First Appellate Court and the petitioner entered appearance in the said proceedings and contested the same. The First Appellate Court by its order dtd. 1/4/2021 allowed the petition and passed the following order.