2006 Supreme(Raj) 3175
R.S.CHAUHAN
Gopal Lal Parashar @ Gopal Lal Sharma – Appellant
Versus
Sudhir Sharma – Respondent
Advocates:
For the Appellant:Mr. S.C. Gupta, Advocate.
For the Respondent:Mr. Raj at Ranjan, Advocate.
JUDGMENT :
1. - The defendant-appellant has challenged the order dated 18.11.2000 passed by the District Judge, Ajmer, whereby an application under, Order 9 Rule 13 of the Civil Procedure Code (henceforth to be referred to as 'the Code', for short) read with Section 151 of the Code has been dismissed.
2. The brief facts of the case are that the defendant-appellant allegedly entered into an agreement to sell his residential house to the plaintiff- respondent for a sum of Rs. 30,000/- on 19.10.1984. An agreement to such effect was executed. Allegedly, since the appellant was not willing to get the sale-deed registered, on 21.05.1987 the respondent-plaintiff filed a suit for specific performance against the appellant. The summons were issued by the Court, which were allegedly served upon the defendant-appellant on 28.07.1987. According to the summons the date fixed for his appearance before the Court was 27.08.1987. This was the first date for appearance of the defendant. On the very first date, since the defendant did not appear, the trial Court proceeded ex parte against him. The case was fixed for recording the plaintiff's evidence on 11.02.1988. On 11.02.1988, after recording the p
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