Mr. Rakesh Kumar Jain, J.: - This petition is filed against the order dated 16.08.2014, allowing the application filed by the defendants under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (here-in-after referred to as the “CPC”), setting aside the ex parte order dated 28.06.2007 and ex parte judgment and decree dated 17.03.2008.

2. The plaintiff-petitioner filed the suit for specific performance of an agreement to sell dated 11.05.2007 for a sum of Rs.6,45,000/- in respect of land measuring 3 kanal 17 marlas, out of which Rs.6,00,000/- was paid as advance and the remaining amount was agreed to be paid at the time of execution of sale deed. In the said suit, the defendant was allegedly served through the Process Server and proceeded against ex parte on 28.06.2007, followed by ex parte judgment and decree dated 17.03.2008.

3. The defendant Rati Ram filed the application under Order 9 Rule 13 of the CPC for setting aside both the aforesaid orders dated 28.06.2007 and 17.03.2008 alleging that he acquired the knowledge of the ex parte decree on 28.08.2008 when he received the notice from the Collector under Section 9 of the Land Acquisition Act, 1894 (here-in-after refe