SHRI ATAR SINGH Vs. D J GHAZIABAD

JUDGEMENT

(1.) Inspite of sufficient service, no one has appeared on behalf of Respondent No. 3, the only contesting Respondent.

(2.) Respondent No. 3 Hari Singh instituted O.S. No. 301 of 1990 against the Petitioner in Court of Civil Judge, Hapur, District Ghaziabad for specific performance of agreement for sale of land dated 4.6.1990. The plaint was filed on 11.12.1990. Summons of the suit was served upon the Petitioner's son from his previous wife. According to the Petitioner after the death of his first wife he had settled at Delhi and remarried, however his son Prem Singh from his previous wife continued to reside in the village in question where the land in dispute is situate alongwith his maternal grand-parents. The suit was decreed ex parte on 4.4.1991. Defendant Petitioner filed restoration application on 4.5.1992, which was registered as Misc. Case No. 23 (or 25) of 1992. The restoration application was rejected by the trial Court on 24.8.1993. Against the said order, Petitioner filed Misc. Appeal No. 171 of 1993, Atar Singh v. Hari Singh. District Judge, Ghaziabad dismissed the appeal on 27.10.1993, hence this writ petition.

(3.) Restoration application under Order IX Rule 13, Code of Civil Procedure was accompanied by application for condonation of delay under Section-5, Limitation Act.