MANDIR SHREE RAM JANKI Vs. MST.ANARKALI

JUDGEMENT

(1.) WITH the consent of parties, the matter is heard finally.

(2.) IN this revision, preferred under section 115 of the Code of Civil Procedure. 1908, the petitioner has assailed the validity of the order dated 14.2.2011, by which, the lower appellate Court has condoned the delay in filing the application under Order 9 rule 13 of the Code of Civil Procedure and has directed the trial Court to decide the application preferred by the respondent under Order 9 rule 13 of CPC on merits.

(3.) THE facts giving rise to filing of this civil revision, briefly stated, are that the plaintiff filed a suit seeking the relief of declaration and cancellation of sale deed dated 4.12.1990 on or about 1.7.1992. The case was fixed for filing of written statement of defendant on 31.7.1999. Thereafter, the proceeding in the case was adjourned from time to time. Eventually, on 30.8.1999, the counsel for defendant pleaded no instructions, thereafter, the trial Court by an ex parte judgment and decree dated 30.11.1999 decreed the suit filed by the plaintiff.