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2018 Supreme(Bom) 2119

A.S.CHANDURKAR
Amjad Ali Shafi Khan – Appellant
Versus
Abdul Hameed Abdul Gai Shaikh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sanjay Jain, Advocate instructed by Ashok M. Saraogi, Advocate
For the Respondents:Mayur Khandeparkar, Advocate, instructed by Mehul A. Shah, Advocate

JUDGMENT :

A.S. Chandurkar, J.

1. This application for condonation of delay has been filed by the original defendant who seeks to challenge the decree passed by the trial Court on 08-03-2013, by filing an appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, 'the Code'), which has been filed beyond the period of limitation.

2. The facts giving rise to the present proceedings are that, the non-applicant is the original plaintiff who had filed suit for specific performance of the Memorandum of Understanding dated 26-10-2007, along with other ancillary reliefs. The applicant filed his written statement opposing the said suit. Thereafter, he as well as his Counsel remained absent and hence the suit proceeded ex-parte against the applicant. The trial Court decreed the suit on 08-03-2013. According to the non-applicant, he got knowledge about the aforesaid ex-parte decree on 18-12-2014. The applicant, therefore, filed an application under the provisions of Order IX Rule 13 of the Code, for setting aside that ex-parte decree. That application was dismissed by the trial Court on 20-03-2015. This order was challenged by the applicant by filing Appeal From Order No. 537 of 20

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