TRIVENI VERMA Vs. VIKAS

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the order dated 26.3.2013 passed by the learned ADJ by virtue of which the application of the appellant under order IX Rule 13 read with Section 151 CPC was dismissed on the ground that there is no 'sufficient cause' shown for setting aside the decree against the ex parte order.

(2.) BRIEFLY stated the facts leading to the filing of the present appeal are that the respondent/Vikas Girdhar filed a suit bearing No.242/2009 for specific performance of agreement to sell dated 29.8.2008 purported to have been executed by the present appellant. The respondent had also prayed for possession and perpetual injunction in respect of property bearing no.5596, Gali No. 0 & 1, New Chandrawal, Subzi Mandi, Delhi.

(3.) DESPITE service, the appellant/defendant failed to appear before the Court on 18.9.2009 and the matter was posted for her appearance on 21.10.2009. On 21.10.2009, the Court was on leave and the matter was adjourned to 26.11.2009. On 26.11.2009 again the appellant/defendant failed to appear and she was accordingly proceeded ex parte. The Court recorded the ex parte evidence and allowed the suit vide judgment and decree on 22.1.2010.