RAM KISHORE Vs. JAGANNATH

JUDGEMENT

(1.) C.M. No. 162-CII of 2017

(2.) A suit for specific performance of the agreement to sell dated 11.06.2009 and 16.06.2010 was filed by the respondent-plaintiff. Copies of orders of learned trial Court annexed with the petition by learned counsel for the petitioner indicate that notice of the suit as well as application filed under Order 39 Rules 1 and 2 read with Section 151 of the Civil Procedure Code (for short, "CPC") was given to the petitioner-defendant. He was served with the notice but as he did not put in appearance on 04.04.2013 he was proceeded against ex parte. Subsequent to that, the case remained pending till 17.01.2015 on which date the petitioner appeared in person before learned trial Court and filed an application for setting aside the ex parte proceedings against him. Numerous opportunities were taken by the respondent to file reply to the application which ultimately was filed on 01.03.2016. Arguments of learned counsel for the parties were heard on 107.2016 and the application of the petitioner was dismissed. Aggrieved by the same, the petitioner has filed the instant revision petition.

(3.) The submissions made by Ms. Ashima Mor, learned legal aid counsel for the petitioner have been considered.