AMAR SINGH Vs. KISHANPAL SINGH AND ANOTHER

JUDGEMENT

(1.) Heard Sri Azim Ahmad Kazmi for the petitioner.

(2.) This petition has been filed against the order of Additional District Judge dated 5.12.2015 allowing the appeal and condoning the delay in filing the application under Order 9, Rule 13 C.P.C. and remanded the matter before the trial court to decide the application under Order 9, Rule 13 C.P.C. on merit.

(3.) The petitioner filed a suit registered as O.S. Suit No. 495 of 2013 for cancellation of sale deed dated 15.3.1999 executed by Amar Singh in favour of Smt. Savitri Devi. It is alleged that Smt. Savitri Devi put appearance on 21.10.2003 and filed her written statement on 8.12.2003. Thereafter she committed default and the suit was proceeded ex parte by order dated 26.4.2005 and decreed ex parte on 2.11.2006.