NARAYAN SINGH Vs. LIKHMI CHAND

JUDGEMENT

(1.) By way of filing the present writ petition, the petitioner has brought challenge to the order dt. 17/11/2017, passed by the learned Addl. District Judge, Sumerpur, District Pali (hereinafter referred to as the trial Court), whereby the petitioner's application dt. 15/11/2017 under Order IX Rule 7 of the Code of Civil Procedure read with Sec. 5 of the Limitation Act has been rejected.

(2.) Briefly narrated the facts appertain to the present writ petition are that the respondent No. 1 had instituted a suit for permanent injunction and cancellation of registered sale deed dt. 28/3/1998. In the said suit, vide order dt. 22/10/2002, the trial Court drawn ex-parte proceedings against the petitioner, as neither the petitioner nor his counsel pursued the matter.

(3.) The petitioner moved an application on 15/11/2017, under Order IX Rule 7 of the Code of Civil Procedure and sought setting aside of the ex-parte proceedings drawn against him, inter alia, contending that he had engaged one counsel Mr. Narayan Singh Joshi, who after appearing before the Court on 1/5/2011 pleaded no instructions, about which the petitioner was never informed.