SANDEEP KUMAR MANGLA Vs. GEETA BAJAJ

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 20th October, 2010 whereby an application filed by the petitioner seeking to set aside ex -parte proceedings under Order 9 Rule 7 read with Section 151 CPC was dismissed and also an order dated 26th November, 2011 whereby the application filed by the petitioner under Order 47 read with Section 114 and 151 CPC seeking review of the said order was also dismissed by the learned Trial Court.

(2.) BRIEF facts for the purpose of adjudication of the present petition are that the respondent had filed a suit for declaration and permanent injunction against the petitioner and the defence of the petitioner was struck off on 25 th January, 2008 due to non -appearance in the matter.

(3.) THE respondent opposed the said application on the grounds that the same was time -barred and that no condonation of delay was prayed therein. It was stated that in the other two pending matters between the parties, the petitioner had been regularly appearing.