NAVIAR INTERNATIONAL PVT. LTD. Vs. SUNITA SAREEN

JUDGEMENT

(1.) THE Appellant is the Defendant in the original proceedings where he was proceeded ex parte and in fact, the proceedings resulted in passing of a judgment and decree against him dated 05.09.2008 whereby the suit of the Respondent was decreed.

(2.) IT is not in dispute that the Appellant had been occupying the suit property as a lessee and was obliged to pay at least a sum of '7 per sq.ft. even as per his own admission towards the lease amount but the said amount was not paid by the Appellant. According to the Respondent, the rate of rent was '10 per sq. ft.

(3.) THE application under Order 9 Rule 13 Code of Civil Procedure was also not filed within limitation as is apparent from the fact that an application under Section 5 of the Limitation Act for condonation of delay was filed along with the application.