PRADEEP KUMAR Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) A suit for declaration filed by plaintiff/petitioner, herein, was decreed ex parte vide judgment and order dated 10.05.2011 passed by the Assistant Collector 1st Class/SDO, Nainital. Defendant/respondent no. 1, herein, moved an application under Order 9 Rule 13 CPC for setting aside the judgment and decree dated 10.05.2011, which was summarily dismissed by the trial court vide order dated 30.08.2011 saying application was time barred.

(2.) FEELING aggrieved, defendant/respondent no. 1, herein, preferred an appeal before the Divisional Commissioner, Kumaon being ZA Appeal No. 81/2010 -11, which was allowed by learned Appellate Court vide order dated 06.03.2013. This time, feeling aggrieved plaintiff/ petitioner, herein, preferred second appeal before the Board of Revenue, which too was dismissed vide order dated 20.10.2014. Feeling aggrieved, plaintiff/petitioner, herein, has invoked writ jurisdiction of this Court under Article 226/227 of the Constitution of India assailing the orders passed by the Appellate Courts.

(3.) UNDISPUTEDLY , application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and decree was dismissed by the trial court in limine saying it was barred by time.