SANJAY K.AGRAWAL
Ghasiram (Dead) Through LRs – Appellant
Versus
Shashi Bhushan – Respondent
Sanjay K. Agrawal, J.
1. The appellants are defendants who have preferred this appeal under Order 43, Rule 1 (t) of the CPC calling in question legality, validity and correctness of order dated 27-3-2002 (impugned order) passed by the District Judge, Bilaspur in Misc. Civil Suit No.47/1999 by which the defendants' application under Order 41, Rule 21 read with Section 151 of the CPC and the application under Section 5 of the Limitation Act for setting aside the ex parte judgment and decree dated 4-2-1997, have been rejected.
2. Essential facts leading to filing of this appeal are as under:-
2.1. Original plaintiff Rohit Kumar filed a suit for specific performance of contract against defendants Ghasiram and others registered as Civil Suit No.7-A/1985 in the Court of 2nd Civil Judge Class-I, Bilaspur. The suit was heard ex parte and decreed ex parte in favour of the then plaintiff Rohit Kumar on 4-2-1997. Ultimately, ex parte judgment was passed and the suit was dismissed. Feeling aggrieved against the ex parte judgment and decree, Rohit Kumar, the then plaintiff, filed first appeal under Section 96 of the CPC in which the present defendants were declared ex parte by holding that
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