FARIAD SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) In this second appeal against order prayer has been made to set aside order dated 19.07.2011 passed by Additional District Judge, Ferozepur, whereby application under Section 5 of the Limitation Act has been dismissed, and resultantly an appeal has also been automatically dismissed.

(2.) This case has checkered history. Respondent-plaintiff filed a civil suit for specific performance of agreement to sell dated 22.07.2002 in respect of 22 Kanals 15 Marlas of land. Suit was decreed ex parte by the trial Court on 10.03.2004. Appellant claimed that he came to know about ex parte judgment and decree when he received summons dated 26.10.2004 from the executing Court.

(3.) Appellant filed an application under Order 9 Rule 13 CPC for setting aside ex parte judgment and decree dated 10.03.2004 on 29.10.2004. Respondent contested the application. On 25.04.2008, none appeared on behalf of appellant and the application under Order 9 Rule 13 CPC was dismissed in default. It was claimed that some wrong date was noted with the Advocate by the appellant.