GHANSHYAM DASS Vs. KAMAL KISHORE

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for quashing/setting aside order dated 19.4.2011 passed by learned Civil Judge, Senior Division, Gurgaon, vide which application filed by Respondents-Defendants under Order IX Rule 7 of the Code of Civil Procedure (hereinafter to be referred as the 'Code') for setting aside ex parte proceedings was allowed.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) Facts relevant for the decision of present revision petition are that Petitioner-Plaintiff filed a suit for specific performance of agreement to sell dated 30.6.2006 regarding property in dispute. Notice of the suit was given to Respondents-Defendants for 16.1.2007. However, as none appeared for Respondents-Defendants, they were proceeded ex parte. Later on application was filed on behalf of the Respondents-Defendants for setting aside ex parte proceedings, which was allowed by learned trial Court vide impugned order against which the present revision petition has been filed.