BHAG CHAND Vs. PARSHOTAM

JUDGEMENT

(1.) This revision petition under Sec. 115 of the Code of Civil Procedure is directed against the order passed by the learned trial Court whereby it allowed the application filed by the respondent for setting aside the exparte decree and permitted him to contest the suit.

(2.) The petitioner-plaintiff had filed a suit for specific performance of the contract alleged to have been entered into between the parties on 01.06.2015. But the respondentdefendant was proceeded exparte on 20.07.2015 and on the basis of the exparte evidence, a decree came to be passed against him on 29.02.2016.

(3.) Thereafter, the petitioner filed an execution petition and it was after receipt of notice in such proceedings, the respondent came to know that he had been proceeded exparte and on the basis of which a decree had came to be passed and has now been sought to be executed.