DHARAM PAL Vs. PALA RAM

JUDGEMENT

(1.) In a suit for specific performance of the agreement to sell dated 7.12.2006 filed on 27.11.2009, dismissal of application dated 25.3.2014 (Annexure P-2) moved by the petitioner-defendant for setting aside the ex-parte order dated 8.3.2010 passed against him vide impugned order (Annexure P-1) dated 5.8.2014 passed by the Civil Judge (Junior Division), Kurukshetra, has brought him in this Court where supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been invoked.

(2.) Hearing has been provided.

(3.) Respondent-plaintiff Pala Ram had filed a suit for specific performance of an agreement to sell dated 7.12.2006 on 27.11.2009. Petitioner Dharam Pal herein had been impleaded as defendant in the said suit. Having been served, he appeared through his counsel on 4.1.2010 when the suit was adjourned to 8.3.2010 and due to non-appearance of the defendant as also his counsel, ex-parte proceedings were ordered against him. Claim of petitioner-defendant Dharam Pal is that he came to know of ex-parte proceedings against him only on 25.3.2014 when application for setting aside the ex-parte proceedings was filed by him the same day.