ORDER :

Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dated 12.5.2022, passed by the learned Civil Judge, Court No.3, Mandi, District Mandi, HP, in CMA No. 9-IV/2021, whereby an application under Order 9, Rule 7 CPC, having been filed by the petitioner-defendant, praying therein to set-aside the ex-parte order dated 9.11.2020, came to be dismissed.

2. Precisely, the facts of the case as emerge from the record are that respondent-plaintiff filed Civil Suit No. 258/2020 for declaration and injunction to the effect that the sale deed No. 1035/2019 dated 23.10.2019 is null and void and as such, petitioner be restrained from interfering in the suit land. Suit was listed before the court below on various dates. Though pursuant to notice issued to the petitioner, learned counsel for the petitioner-defendant had put in appearance in the court on one date i.e. 9.10.2020, but thereafter neither counsel nor petitioner-defendant chose to remain present in the court and as such, petitioner-defendant came to be proceeded ex-parte vide order dated 9.11.2020. After conclusion of final arguments, before pronouncement of final judgment, petitioner-defen