JAI PAL SINGH Vs. RAMESH KUMARI

JUDGEMENT

(1.) Defendant Jai Pal Singh has filed this revision petition under section 115 of the Code of Civil Procedure assailing order dated 7.2.2011 passed by learned Additional District Judge, Panchkula thereby dismissing petitioner's application for condonation of delay in filing the first appeal and consequently dismissing the appeal also.

(2.) I have heard learned counsel for the parties and perused the case file.

(3.) Respondent-plaintiff Ramesh Kumari filed suit against defendant-petitioner Jai Pal Singh for specific performance of the agreement to sell. Defendant was proceeded ex parte in the suit as he did not appear in spite of service. However, on his application moved subsequently, he was allowed to join the proceedings. However, in spite of many adjournments he failed to file written statement and ultimately none appeared for him in the trial court and he was again proceeded ex parte. Later on, he filed application for setting aside the ex parte proceedings which was dismissed by the trial court vide order dated 12.8.2009. Thereafter suit was decreed ex parte by the trial court vide judgment and decree dated 9.4.2010, Annexures P/3 and P/4. Feeling aggrieved, defendant filed first appeal against judgment and decree of the trial court and along with appeal, moved application for condonation of delay in filing the said first appeal. Learned lower appellate court vide impugned order dated 7.2.2011 dismissed the said application for condonation of delay in filing the first appeal and also consequently dismissed the first appeal, necessitating the filing of the instant revision petition.