YUDHISTHIR YADAV Vs. ABHISHEK KUMAR

JUDGEMENT

(1.) Heard Sri R.C. Singh, learned Senior Counsel assisted by Sri N.D. Shukla, learned counsel for the defendant-appellant and Sri Anadi Krishna Narayan, learned counsel, holding the brief of Sri Sarthak Verma, learned counsel for the plaintiff-respondents.

(2.) Brief facts of the case are that suit for specific performance of contract filed by plaintiff-respondent, was decreed ex parte by the trial court vide judgment and decree dtd. 12/11/2024. Against the ex parte judgment and decree dtd. 12/11/2024, application under Order IX Rule 13 of Civil Procedure Code, 1908 (hereinafter referred to as the "C.P.C.") has been filed on behalf of the defendant-appellant on 21/11/2024. Against the application under Order IX Rule 13 of the C.P.C., an objection was filed on behalf of the plaintiff. The trial court vide judgment dtd. 20/2/2025, has rejected the application filed on behalf of the defendant under Order IX Rule 13 of C.P.C. Hence, the instant First Appeal From Order under Sec. 104 read with Order 43 Rule 1(d) of the Civil Procedure Code for following relief:-

(3.) This Court entertained the matter on 12/3/2025 and granted interim protection in the matter.