MADHUSUDAN Vs. CHANDARLAL

JUDGEMENT

(1.) THIS appeal is preferred by one of the defendants of Civil Suit No. 21-A/91 under Order 43 Rule (1) (d) of C. P. Code against an Order dated 12-3-1997, passed by XIV Additional District Judge, Indore, in CMJC No. 4/95 arising out of CS No. 21-A/91. By impugned order, the application made by the appellant under Order 9 Rule 13 of C. P. Code seeking to set aside the ex-parte decree has been rejected. Facts in brief for the disposal of this appeal need mention infra.

(2.) RESPONDENT No. 1 (plaintiff) filed a Civil Suit No. 21-A/91 against the appellant (defendant) and the respondent Nos. 2 and 3 claiming specific performance of contract in respect of agricultural land on the basis of contract entered into between appellant and one late Manohar Chunekar - father of appellant.

(3.) THE suit was being contested by the appellant. A written statement was filed. Issues were framed.