CHUNNI LAL AND OTHERS Vs. MITRAPAL @ BABUA

JUDGEMENT

(1.) Heard Sri A.K. Srivastava, learned counsel for the petitioners and Preet Pal Singh Rathore, learned counsel appearing for the respondent.

(2.) This is a writ petition under Art. 226 of the Constitution of India challenging the judgement and order dated 06.09.2011 passed by the District Judge, Badaun, in Misc. Appeal No.53 of 2010, Mitrapal Vs. Chunni Lal and others .

(3.) The defendant-respondent executed an agreement to sell some immovable property on 22.12.2004 in favour of the plaintiff-petitioners. They instituted Original Suit No. 46 of 2006 on 30.01.2006 for specific performance of the said agreement. The said suit was decreed ex-parte on 11.01.2007. The defendant-respondent applied under Order 9, Rule 13 C.P.C. for setting aside the aforesaid ex-parte decree vide application dated 21.03.2007. The said application was rejected vide order dated 29.09.2010. This order was challenged by means of the above misc. appeal before the appellate court. The appellate court set aside the order dated 29.09.2010 and allowed the application of the defendant-respondent filed under Order 9, Rule 13 C.P.C. and thus, the decree dated 11.01.2007 was also set aside with the direction to the trial court to decide the suit on merits.