RAMA NAND Vs. KULDEEP BANSAL

JUDGEMENT

(1.) Allow the present application and set aside the order dated 18-7-2018 passed by Ld. Civil Judge Senior, Nahan, to pass any order or further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

(2.) Brief facts necessary for adjudication of the present petition are that a Civil Suit filed by the present petitioner for specific performance of contract, which was filed somewhere in the year 2010, stood dismissed in default for non-prosecution on 25.02.2014 by the Court of learned Civil Judge (Senior Division), Sirmaur District at Nahan. Order dated 25.02.2014 is quoted herein-below:-

(3.) Aggrieved by the same, petitioner filed an application under Order 9, Rule 9 read with Section 151 of the Code of Civil Procedure, praying for recalling of the said order. The application alongwith application filed under Section 5 of the Limitation Act for condonation of delay in filing the application for recalling order, stand rejected vide impugned order.