ORDER :

1. Heard.

2. This petition has been filed by the petitioner being aggrieved with the order dated 30.7.2018 passed by the Second Additional District Judge, Bilaspur in Miscellaneous Civil Appeal No.46/2017, upholding the order dated 4.9.2017 passed by the Fourth Civil Judge Class I, Bilaspur in Misc. Civil Suit No.18/2009, whereby, the application preferred by the petitioner/defendant under Order 9 Rule 13 of CPC, was dismissed.

3. Brief facts of the case are that in the year 1932, Late Abdul Rahman Khan gave his four houses bearing Nos.735, 736, 737 and 738 situated opposite Suryamukhi Bhawan, Juna Bilaspur as Wafk by way of a “Wakf Deed”. In the year 1995, a suit for eviction was filed by respondents 1 & 2/plaintiffs claiming to be the owners of the suit property on the ground that they had purchased the said property from Abdul Waheed Khan, Grandson of Abdul Rahman Khan. On 22.10.1999, which was “Friday”, the case was fixed for defendants’ evidence. On the said date, in the earlier hours, the petitioner/defendant requested before the Court to take up the matter post lunch as he had to go to offer ‘Friday Namaz’. The said request was accepted by the Court below and the matter