BIMLA DEVI Vs. NISSAR AHMED

JUDGEMENT

(1.) The appellant has challenged the order dated 1st March, 2013 whereby her application under Order 9, Rule 13 of the Code of Civil Procedure for setting aside of the ex parte decree has been dismissed by the learned Trial Court.

(2.) The respondent instituted a suit for recovery of Rs.8 lakh against the appellant on the ground that the appellant agreed to sell property bearing No.B-92, measuring 55 square yards, Gali No.6, Brahampuri, Delhi-110053 to the respondent for total consideration of Rs.9,80,000/- vide agreement to sell dated 12th February, 2007; the respondent paid Rs.4 lakh to the appellant as earnest money at the time of the agreement and the balance sale consideration was agreed to be paid on or before 30th July, 2007 at the time of the execution of the sale deed; the respondent requested the appellant to visit the office of the Sub-Registrar on 30th July, 2007 and waited there upto 4.00 pm with the balance sale consideration but the appellant did not turn up; the respondent issued a legal notice dated 31st July, 2007; the respondent made criminal complaints dated 14th September, 2007, 30th August, 2007, 13th September, 2007 and 9th September, 2009 against the appellant to the police, the respondent issued a legal notice dated 21st January, 2010 and thereafter, instituted the suit for recovery.

(3.) The respondent filed his affidavit by way of evidence dated 7th December, 2010 which was taken on record by the Trial Court on 9th December, 2010. The Trial Court record reveals that the respondent did not file any original document before the Trial Court. The photocopies of the documents were exhibited by the Trial Court as Ex.PW-1/1 to Ex.PW-1/14 on 09th March, 2011 although the order dated 9th March, 2011 does not mention that about any document having being tendered in evidence or exhibited by the learned Trial Court.