Rakesh Kumar Jain, J.

1. The respondent filed the suit for possession by way of specific performance of the agreement to sell dated 24.07.2002 regarding the suit land, which was agreed to be sold for a sum of Rs. 2,50,000/- out of which Rs. 2 lacs were received by the petitioner as earnest money and the balance was to be paid on the date fixed for execution of the sale deed, i.e. 15.12.2003. The defendant Tara Singh was served through munadi, but no-one appeared on his behalf and was proceeded against ex-parte. The Trial Court decreed the suit on 14.10.2004 after recording the ex-parte evidence of the plaintiff, directing the defendant to execute the sale deed in favour of the plaintiff within two month on payment of the balance sale consideration. The defendant filed an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (for short "CPC") for setting aside the ex-parte decree alleging that he had never been served in the suit nor he ever refused to receive the summons. The said application was contested by the plaintiff by filing reply and the Trial Court, vide its order dated 12.04.2013, dismissed the application after appreciation of the evidence led