KESHUBHAI BHURABHAI PATEL (NANDANIYA) Vs. HANSRAJBHAI DEVJIBHAI VAGHASIYA

JUDGEMENT

(1.) Heard learned advocate Mr.S.P. Majmudar for the petitioner and learned advocate Mr.Pravin Gondaliya for the respondent.

(2.) By filing the present petition, the petitioner has prayed to set aside order dated 24th July, 2014 passed by learned 3rd Additional Senior Civil Judge, Rajkot below application Exh.1 in Civil Miscellaneous Application No.1380 of 2010, whereby the court below refused to condone the delay of 240 days in making application under Order IX Rule 13 of the Code of Civil Procedure, 1908 by the petitioner.

(3.) The facts may be set out from the record of the petition. On 30th December, 2009, respondents instituted Special Civil Suit No.96 of 2005 against the petitioner for decree of specific performance. The suit came to be decreed on 30th December, 2009. The petitioner thereafter filed application in the month of September, 2010 for setting aside the said decree under the provisions of Order IX Rule 13, CPC. Along with the said application, the petitioner also gave an application for condonation of delay in form of Civil Miscellaneous Application No.1380 of 2010.