VISHWANATH PRASAD KAUSHIK S/O LATE HEMDUTT KAUSHIK Vs. PRAHLAD PRASAD SURYAVANSHI S/O LATE BHANGIRAM SURY

JUDGEMENT

(1.) Heard on admission.

(2.) This miscellaneous appeal has been preferred by the defendant under Order 43 Rule 1(d) of the Code of Civil Procedure (hereinafter referred to as the CPC) against the order dated 09.01.2017 passed by the Additional District Judge, Bilaspur in MJC No. 380/15 by which, the appellant's application filed under Section 5 of the Indian Limitation Act, 1963 (hereinafter referred to as the Act of 1963) for condonation of delay in filing the application under Order 9 Rule 13 of the CPC, 1908 has been rejected.

(3.) The undisputed facts of the case are that the non-applicant Prahlad Prasad Suryavanshi instituted a suit claiming specific performance of contract on the basis of an agreement to sale dated 03.09.2005 purported to have been executed in his favour by the defendant. Notices were issued in the said suit and ultimately by order dated 05.07.2007, the defendant/appellant was treated ex-parte and accordingly, ex-parte judgment and decree was delivered on 28.07.2007 in Civil Suit No. 4- A/2007.