JUDGMENT :

NUPUR BHATI, J.

1. The present civil misc. appeal has been filed under Section 104 read with Order 43 Rule 1 of the Code of Civil Procedure, 1908 (‘CPC’) assailing the order passed by learned District Judge, Merta in Civil Misc. Application No. 91/2011 whereby the application under Order 9 Rule 13 of CPC, filed by the appellant/applicant has been dismissed. The appellant has also prayed for allowing his application under Order 9 Rule 13 as well as his application for condonation. It is also prayed that the cost of the appeal and other damages be awarded from the respondents to the appellant/applicant. Certain other ancillary relief(s) have also been sought by the appellant/applicant.

2. Briefly stated, the facts of the case are that the respondent/plaintiff filed a suit (Annex.1) for recovery of Rs. 1,18,000/-along with interest against the appellant/defendant on account of the loan taken by the appellant and the promisory note signed thereto. After the learned Trial Court issued summons to the appellant/defendant to the suit, the appellant preferred an application under Order 7 Rule 11 of the CPC which was allowed on 14.12.2000 (Annex.2) and the suit (Annex.1) filed by the