ORDER :

1. This petition has been preferred against the order dated 31.3.2018 passed by the Additional District Judge, Sarangarh, District Raigarh in Misc. Civil Appeal No.2/2017, whereby, the appeal preferred against the order dated 4.3.2017, dismissing the application filed by defendant No.1 under Order 9 Rule 13 read with Section 151 of CPC for setting aside the ex-parte decree dated 13.3.2013 (in Civil Suit No.44A/11), passed by the Civil Judge, Class-I, Sarangarh District Raigarh (CG) in Misc. Civil Case No.2/2013, has been dismissed and thereby, the order dated 4.3.2017 has been affirmed.

2. Learned counsel for the petitioner would submit that, the respondent/plaintiff had instituted Civil Suit No.44A/2011 for declaration of tile and vacant possession against the petitioner/defendant. He submits that on the date of hearing of the suit i.e. 24.9.2012, Counsel for the petitioner/defendant pleaded no instructions before the concerned Court and therefore, the Court proceeded ex-parte and passed the judgment on 13.3.2013. The said exparte proceedings have been challanged by way of appeal, which was dismissed by the impugned order dated 31.3.2018. He submits that both the Courts belo