MANMOHAN SONI Vs. BANWARI LAL

JUDGEMENT

(1.) The epitome of the facts, relevant for disposal of the present revision petition and emitting from the record is, that Manmohan Soni son of Bhagwan Dass Soni-petitioner-plaintiff(for brevity ''the plaintiff') filed the suit against Banwari Lal-respondent-defendant(for short ''the defendant'') for a decree of possession by way of specific performance of an agreement to sell dated 08.12.2007.

(2.) As, initially the defendant did not appear to contest the suit, therefore, ex-parte proceedings were ordered against him. The suit of the plaintiff was ultimately decreed by the trial Court, by means of ex-parte judgment and decree dated 09.03.2010.

(3.) As soon as, the defendant came to know, he moved an application for setting aside the ex-parte judgment and decree dated 09.03.2010, invoking the provisions of Order 9 Rule 13 CPC, inter alia, pleading that neither he was duly served, nor the pendency of the suit was in his knowledge.