PRATAP SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 6-6-2006 passed by the Additional District Judge/III Fast Track Court, Nainital in Misc. Case No. 40 of 2004, Balwant Singh Vs. Pratap Singh arising out of Original Suit No. 38 of 1997, whereby the application (4-C) moved under Order 9, Rule 13 of the C.P.C. by the respondent-defendant was allowed subject to payment of costs of Rs. 2,000/- and the orders dated 26-7-2001 and 22-8-2001 as well as the ex parte judgment and decree dated 20-3-2004 were set aside.

(2.) A perusal of the record shows that the appellant Pratap Singh filed Original Suit No. 38 of 1997 against the respondent Balwant Singh for specific performance of contract. It appears that during the pendency of the suit before the trial court, neither the respondent-defendant nor his counsel put in appearance on a number of dates in the case with the result that the opportunity to cross examine was closed by order dated 26-7-2001 and suit was ordered to proceed ex parte by order dated 22-8-2001 and ultimately, the suit was decreed ex parte by order dated 20-3-2004 in favour of the appellant.

(3.) THE trial court after hearing both the parties has ultimately allowed the application (paper no. 4-C) moved by the respondent-defendant subject to payment of cost of Rs. 2000/- as mentioned in the impugned order and set aside the earlier orders dated 26-7-2001 and 22-8-2001 as well as ex parte judgment and decree passed by it.