Kailash Gambhir, J.

1. By this petition filed under Article 227 of the Constitution of India, the Petitioner seeks quashing of the order dated 4.9.2002, passed by the learned Additional District Judge whereby the application of the Petitioner filed by her under Section 5 of the Limitation Act was dismissed.

2 Before I proceed to deal with the contentions raised by the counsel for the parties, it would be appropriate to state the brief background of facts of the case.

3 A suit for specific performance was filed by the Respondent against the Petitioner seeking specific performance of the agreement to sell dated 24.9.1987. The said suit was decreed ex-parte by the learned trial court on 13.5.1988, but subsequently on the application moved by the Petitioner the said ex-parte decree was set aside by the learned trial court vide order dated 1.11.1988. After the said ex-parte decree was set aside, the Petitioner had filed written statement and thereafter the issues were framed by the learned trial court. But when the case was fixed for evidence of the Respondent, the same was dismissed in default by the learned trial court due to the non appearance of the Respondent vide order dated