WAHIDUNNISHA Vs. SMT. ZALEMUNNISHA

JUDGEMENT

(1.) Heard Sri S.K.Chaubey, learned counsel appearing for the appellant.

(2.) By means of this First Appeal From Order, the appellant has challenged the order in Civil Appeal No. 20 of 2011 by which the appellate court while setting aside the ex parte decree has remanded the matter for consideration.

(3.) The appellant had filed a suit for cancellation of sale deed being Original Suit No. 71 of 2004. The said suit was decreed ex parte on 30.5.2008. It is claimed that the defendant in the suit without filing an application under Order IX Rule 13 C.P.C. straight away preferred an appeal and in appeal the plaintiff-appellant had now taken an objection that there was manipulation in the order sheet of the trial court in which date 9.4.2008 has been changed by overwriting as 4.9.2008 and, therefore, an expert be called to verify the signature on the said overwriting with that of the defendant.