JUDGMENT

1. The present Appeal is preferred by the appellant aggrieved by the order dtd. 23/10/2017 passed in I.A.No.1517 of 2011 in O.S No.173 of 2010 on the file of I Additional District Judge, Nellore (for short "the trial Court").

2. The impugned application has been filed by the appellant/defendant/petitioner before the trial Court under Order IX Rule 13 CPC seeking to set aside the ex parte decree passed against him on 26/11/2010 and permit him to contest the matter and for costs.

3. Originally the suit in O.S No.173 of 2010 was filed by the respondent/plaintiff for grant of specific performance of agreement of sale dtd. 11/12/1995 alleged to have been executed by the appellant/defendant and thereupon in the said suit the respondent/plaintiff obtained ex parte decree vide judgment and decree dtd. 26/11/2010 by the trial Court. It is stated that the appellant/defendant was not served with summons in the above suit or in the I.A or in the E.P and further he never resided in Flat No.S-A, 2 2nd floor, Sri Rajagopalapuram, Dagramitta, Nellore. The appellant/ defendant left Nellore long back and has been residing in Chennai. It is further stated that the appellant/defendant filed I.