SANGEETA VERMA Vs. RAMESHWAR DAYAL SRIVASTAV

JUDGEMENT

(1.) THIS appeal under Order XLIII Rule 1 CPC has been filed against the order dated 22.12.2011 passed by learned Second Additional District Judge, Hoshangabad in Misc. Civil Case No.14/2010 whereby the application under Order IX Rule 13 CPC of appellant -defendant no.5 has been rejected.

(2.) THE facts necessary for disposal of this appeal lie in a narrow compass. Suffice it to say that a suit for specific performance of contract has been filed by the plaintiff -respondent no.1 against the original defendant Prem Narayaqn who had died during the pendency of the suit and after his death the respondents no.2 to 5 and present appellant were arrayed as defendants no.1 to 5.

(3.) THE aforesaid suit for specific performance of contract was decreed on 4.8.1995. In this suit except the appellant all other defendants who are respondents no.2 to 5 herein contested the suit. However, since the present defendant -applicant failed to appear, she was proceeded ex parte and the judgment and decree was passed in ex parte against her. The application under Order IX Rule 13 CPC was filed by the present appellant on 14.10.2010. This application was opposed by plaintiff -respondent no.1. Learned Trial Court by the impugned order has dismissed the application under Order IX Rule 13 CPC.