KAILASH CHANDER Vs. SUBASH GUPTA

JUDGEMENT

(1.) The order dtd. 14/2/2013 passed by the learned Additional District Judge, Jammu, is under challenge in the present appeal. Vide aforesaid order, application filed by the appellant, seeking condonation of delay of 209 days in filing the appeal for setting aside of ex-parte final decree in a suit for partition dtd. 8/4/2009, was dismissed.

(2.) Learned counsel for the appellant submitted that the appellant in the present case is a senior citizen, about 70 years of age now. In the suit for partition filed by the respondent No.1 the appellant was wrongly impleaded as a party though his property could not have been possibly included in the partition suit. The preliminary decree was passed on 29/8/2002. Thereafter a local Commissioner was appointed for effecting partition. Having come to know about passing of the preliminary decree, the appellant filed application for setting aside of the preliminary decree on 9/12/2002. The same was dismissed by the trial Court on 21/8/2004. The order was impugned by filing CIMA No. 214/2004 which was dismissed by this Court on 30/5/2006. It was thereafter that ex-parte final decree was passed by the Court below on 8/4/2009 without issuing any notice to the appellant.

(3.) Having come to know about passing of ex-parte final decree, the appellant preferred application seeking setting aside of the ex-parte preliminary decree as well as the final decree. The same was accompanied by an application seeking condonation of 209 days delay in filing thereof. The same having been dismissed, the appellant is before this Court.