MAJOR SURESH YADAV Vs. SH. JUGAL UPPAL

JUDGEMENT

(1.) The appeal is filed against the original ex-parte judgment / decree dated December 22, 2017 of the learned Additional District Judge ('ADJ', for short), Saket Courts, New Delhi, as well as order dated February 10, 2020 in M.No.98/2018, whereby the application of the appellant under Order IX Rule 13 read with Sec. 151 of CPC was dismissed by the Trial Court. The appeal is accompanied by an application seeking condonation of 933 days' delay with regard to filing of the appeal against the original judgment / decree. Since the facts and the submissions made by the counsels for seeking condonation of delay, on the impugned Judgment / Decree and on the order rejecting the application under Order IX Rule 13 of CPC being identical/similar, I intend to decide both of them together.

(2.) This appeal has been filed with the following prayers: -

(3.) The facts in brief as noted are that, the respondent No. l and 2 herein / plaintiffs filed a suit in 2007 seeking cancellation of a Sale Deed dated August 24, 2006 executed by defendant No. 5 / respondent No. 6 through defendant No. 3 / respondent No. respondent No. 5, in favour of appellant / defendant No. 4 in respect of suit property i.e., Mustatil No. 87 Killa No, 17(4-16) and Killa No. 14 (4-12) situated in Dera Mandi, Mehrauli, New Delhi, by declaring the same as null and void along with a decree thereby declaring them as owners of the suit property. In addition, respondents Nos. 1 and 2/ plaintiffs sought possession and permanent injunction. The appellant herein was arrayed as defendant No. 4 in the suit, which was instituted in this Court in view of the then limit of pecuniary jurisdiction. Summons were issued on November 05, 2007 and the defendants therein, i.e., the appellant and respondent Nos. 3 to 6, were directed not to create any interest or part with the possession of the suit property in favour of any third party.