SUKHWINDER SINGH Vs. JAGROOP SINGH AND ANOTHER

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure (in short, CPC) read with Article 227 of the Constitution of India, has been filed by Sukhwinder Singh-defendant No.2.

(2.) Suit filed by respondent No.1-plaintiff against respondent No.2/defendant No.1 and against petitioner/defendant No.2. The said suit was decreed vide ex parte judgment and decree dated 14.06.2007.

(3.) Defendant No.2 moved application under Order 9 Rule 13 CPC for setting aside the ex parte judgment and decree. However, the petitioner failed to lead any evidence in support of his said application. Consequently, evidence of the petitioner-defendant No.2 was closed by Court order and there being no evidence, application filed by petitioner under Order 9 Rule 13 CPC has been dismissed by the trial Court vide judgment dated 19.10.2010. Petitioner filed first appeal against judgment dated 19.10.2010 of the trial Court. However, the appeal was barred by limitation. Petitioner moved application for condonation of delay in filing the appeal. Learned lower appellate Court vide impugned order dated 07.08.2012 dismissed the said application. Feeling aggrieved, petitioner-defendant No.2 has filed this revision petition.