KASHIRAM Vs. DANARAM

JUDGEMENT

(1.) Heard learned counsel for the appellant upon application filed under Sec. 5, Limitation Act.

(2.) This appeal is directed against order dated 28.05.2009 passed by Addl. District Judge (Fast Track) No.1, Hanumangarh upon application filed under Order 9 Rule 13, C.P.C., by which, the trial Court rejected the said application.

(3.) As per facts of the case, suit was filed for specific performance of agreement dated 01.03.2001 before the District Judge, Hanumangarh by the plaintiff-respondent. Said suit was registered at No.304/05. In the said suit, summonses were issued and defendant-appellant was directed to appear before the Court on 08.04.2005. For the said purpose, as per the defendant-appellant, he engaged Advocate Rajendra Jain but he (Advocate) did not appear in the Court on 22.07.2005, next date of hearing, therefore, ex parte decree was passed by the trial Court on 08.02.2006 and, subsequently, corrections were made in the decree on 20.02.2006.