MOHINDER KUMAR SHARMA Vs. ASHOK NANDA

JUDGEMENT

(1.) This Appeal is directed against the order dated 7th March, 2007 passed by the learned Single Judge whereby the appellant-defendant was proceeded ex-parte in the Suit for specific performance filed by the respondent-plaintiff.

(2.) Subsequently, two other applications bearing IA Nos.4716/2006 and 5355/2006 were filed by the defendants in the suit but vide Order dated 23rd July, 2007, the same were disposed of with a direction that the appellant-defendant could join proceedings at that stage entitling him to only cross examine the witnesses of the plaintiff-respondent.

(3.) The suit was instituted by the respondent seeking for a decree of specific performance on the basis of Agreement to Sell dated 21st October, 2004 and also for permanent injunction. In the aforesaid suit, summons were issued with an ad interim injunction directing for maintenance of status quo with regard to the possession of the suit property. The summons were returnable on 14th December, 2005. On 14th December, 2005, the learned Single Judge recorded that the defendants had entered appearance in person in the Court. They were granted four weeks time to file their written statement. Time was also granted to the plaintiff-respondent to file replication before the next date. Interim injunction was directed to be continued. The matter was fixed to be listed before the Joint Registrar on 3rd March, 2006 and before the Court on 3rd April, 2006. The Joint Registrar vide order dated 3rd March, 2006 recorded that none appeared for the defendants and written statement had not been filed, therefore, the matter should be placed before the Court on 3rd April, 2006, the date already fixed.