JUDGMENT

K.M. JOSEPH, J.

1. The appeal by Special Leave is directed against the Order passed by the High Court of Uttarakhand at Nainital allowing the Revision Petition filed by the respondent under Section 115 of The Code of Civil Procedure, 1908 (hereinafter referred to as ‘the Code’ for short) and setting aside the Order passed by the Trial Court under Order 9 Rule 13 of the Code by which the ex parte decree obtained by the respondent in this appeal, has been set aside.

2. The respondent, who is hereafter referred to as the plaintiff, filed the Suit O.S. No. 490 of 2013 seeking specific relief and mandatory injunction. By Judgment dated 09.10.2014, Civil Judge Senior Division, Dehradun decreed the Suit.

3. The petitioner, who is defendant in the Suit, filed an application dated 02.12.2015 supported by an application for condonation of delay. The respondent filed the objections, and as noticed, overruling the objections of the respondents, the Trial Court allowed the application filed by the petitioner under Order 9 Rule 13 of the Code, which has been set aside by the High Court.

4. The learned Counsel for the petitioner would submit that the original summons was served on 17.12.