JUDGMENT

Manoj Kumar Ohri, J. The present appeal has been filed by the appellant under Order 43 Rule (1)(D) CPC assailing order dated 08.11.2021 passed by learned ADJ-02, South District, Saket Courts, New Delhi in CS No. 6579/2016, whereby his application under Order 9 Rule 13 CPC seeking setting aside of order/decree dated 31.10.2017 was dismissed.

2. The facts of the case are that the original plaintiffs (respondent Nos.1 and 2) had filed a suit seeking inter-alia partition of property bearing No.JF-1/49, First Floor, Gupta Colony, Khirki Extension, Malviya Nagar, New Delhi-17 (hereinafter, the `suit property'). Vide order dated 24.08.2011, the appellant was proceeded against in the suit ex-parte and the final decree came to be passed by the Trial Court on 31.10.2017, wherein it was held that since the suit property is indivisible by metes and bounds, the same should be sold by means of auction.

The appellant filed an application under Order 9 Rule 13 CPC on the ground that he could not appear in the suit as he was never served the summons. It was claimed that he came to know about the decree only when summons of the execution petition were received by him. The appellant's applica