ORDER

ADARSH KUMAR GOEL, J.

1. Leave granted.

2. This appeal has been preferred against the judgment and order dated 11th May, 2012 passed by the High Court of Delhi at New Delhi in CM(M) No.564 of 2012.

3. The question raised for consideration is whether the courts below are justified in declining the prayer of the appellant to set aside the ex-parte decree and to grant leave to appeal to defend the summary suit.

4. The respondent-plaintiff filed suit under Order XXXVII of the Code of Civil Procedure (for short “the Code”) on 4th November, 2009 seeking a decree for Rs.3 lacs with costs and interest alleging that the appellant-defendant gave two cheques for Rs.3 lacs towards purchase price of Plot No.71-A, measuring 233 sq. yard situated in Ram Park Extension Colony, being Khasra No.196(Main), village Loni, District Ghaziabad, Uttar Pradesh which were dishonoured inspite of plaintiff having executed the requisite documents and handed over peaceful vacant possession of the plot in question. Though the summons were duly served on the wife of the appellant on 19th December, 2009, the appellant failed to enter appearance within ten days on which the trial Court passed the ex-parte decr