JOGILAL YADAV Vs. ABDUL KAREEM

JUDGEMENT

(1.) This appeal is preferred against the order dated 23-7- 2018 passed by 8th Additional District Judge, Raipur, (CG) in Misc. Civil Suit No.3 of 2017, wherein the said court dismissed the application filed under Section 5 of the Limitation Act, 1963 and application filed under Order 9 Rule 13 of the Code of Civil Procedure, 1908 for setting aside the ex parte decree passed vide judgment dated 24-2-2016 in civil Suit No.41-A/2014.

(2.) Respondent No.1 /plaintiff filed a suit for specific performance of contract for sale/purchase of land bearing Survey No.247/2 area 0.202 hectares situated at Patwari Halka No. 105/47 and Revenue Circle Raipur, Tahsil and District, Raipur,CG. The property was to be sold for cash consideration of Rs.26,00,000/- out of which Rs.1,00,000/- was paid by the respondent No.1 to appellant and remaining amount was to be paid at the time of execution of sale deed. As the appellant did not appear before the trial Court that is why the trial court proceeded ex parte and passed decree after recording evidence. As per appellant, earlier the case was pending before the court of 7th Additional District Judge, Raipur and it is transferred to the Court of 8th Additional District Judge, Raipur by the order of the District Judge. The appellant went to the court of 8th Additional District Judge, Raipur and verified the case listed in the notice board where he did not find his case on the date fixed for hearing and even in the diary also case was not mentioned. The said court proceeded exparte. As per the appellant, the said application is filed on 28-1-2017 with an application under Section 5 of the Limitation Act, 1963 for condonation of delay but same was dismissed by the trial Court contrary to law.

(3.) Learned counsel for the appellant submits as under.