BRAJPAL SINGH Vs. KALYAN SINGH

JUDGEMENT

(1.) Heard Sri Y.S. Bohra, learned counsel for the petitioner and Sri Dinesh Pathak and Ms. Sandhya Singh, learned counsel for the respondent.

(2.) The petitioner by means of the present writ petition has assailed the order dated 8.11.2011 passed by Additional District and Sessions Judge, Court No. 3, Bulandshahr in Misc. Appeal No. 26 of 2011 (Kalyan Singh v. Brajpal) whereby the Appellate Court has condoned the delay in filing the application under Order 9 Rule 13 of Civil Procedure Code, 1908 (hereinafter referred to as 'CPC') of the respondent and further allowed the application under Order 9 Rule 13 of CPC and set aside the ex-parte judgement dated 13.9.2005.

(3.) Brief facts giving rise to the present writ petition are that the respondent-Kalyan Singh executed an agreement to sale in favour of Brajpal Singh-petitioner in respect of 1/4th share of Plot No. 329 total area 1.564 situated at Village Khanauda, Pargana and Tehsil Anupshahr, District Bulandshahr for a sale consideration of Rs. 1,50,000/-. The petitioner paid Rs. 1,25,000/- in advance on 1.7.2002 to Kalyan Singh . As per terms and conditions of the agreement to sale, the sale deed was to be executed within one year from the date of agreement to sale i.e. on or before 30.6.2003.