SAMINDER SINGH Vs. LABH SINGH

JUDGEMENT

(1.) The present revision petition is directed against the impugned order, whereby the application of the petitioner-defendants submitted by invoking the provisions of Order 9 Rule 13 CPC for setting-aside the exparte judgment and decree dated 23.12.2011, has been dismissed.

(2.) Mr. Nandan Jindal, learned counsel representing the petitionerdefendants submitted that the respondent-plaintiff instituted a suit for specific performance of the agreement to sell dated 29.08.2005 alleged to have been entered into by Sucha Singh father of the defendants and the writings dated 28.08.2006 and 26.02.2007, against the defendants, who were minors through their guardian Karnail Kaur. The suit is dated 20.10.2007. The suit was contested by filing written statement. However, on 19.10.2010 counsel had pleaded no instructions and on the same date, petitioner-defendants were proceeded ex-parte resulting into ex-parte judgment and decree, ibid.

(3.) In pursuance to the receipt of the notice in execution petition, application under Order 9 Rule 13 CPC has been filed for setting-aside the ex-parte judgment and decree on the following grounds:-