HARI BAI MEHRA Vs. CHAIN SINGH DIGPAL

JUDGEMENT

(1.) Feeling aggrieved by the order dated 14.5.2010 passed by learned third Additional District Judge, Bhopal in MJC No.35/2007 whereby the application under Order 9 Rule 13 CPC filed on behalf of the appellants has been dismissed, this appeal has been filed under Order 43 Rule 1(d) of CPC.

(2.) An ex-parte judgment and decree decreeing the suit of specific performance of contract and mandatory injunction was passed by learned Trial Court on 14.2.2007. An application to set aside the ex-parte judgment and decree was filed by the defendants/appellants on 9.4.2007. The said application has been rejected by the impugned order.

(3.) On bare perusal of the record of the Court below, it is gathered that defendants filed an application to obtain certified copy of the judgment and decree passed in Civil Suit 473-A/2006 on 7.3.2007 and it was delivered to the appellants on 6.4.2007. 7 th 8 th April, 2007 being holidays Saturday Sunday, the application to set aside the ex-parte judgment and decree was filed on 9.4.2007.