Judgment

Mr. Arun Monga, J.

Assailed herein are two orders viz. dated 27.01.2020 (Annexure P- 6) and 03.10.2022 (Annexure P-8) learned trial Court and Appellate Court, respectively, whereby application filed by defendant/petitioner under Order 9 Rule 13 CPC, seeking to set-aside ex parte judgment and decree dated 04.09.2018 (Annexure P-3), was dismissed.

2. Succinct facts, as pleaded in the revision petition.

2.1 Respondent/plaintiff filed a suit for possession by way of specific performance against petitioner/defendant on the basis of an alleged agreement to sell dated 23.06.2015, stated to be executed by petitioner in respect of a house constructed over an area measuring 06 Marlas. Total sale consideration per agreement is claimed to be Rs.2 lakh with date for registration of sale deed fixed on 30.12.2015 and a sum of Rs.60,000/- was paid to petitioner by respondent as earnest money.

2.2 Learned trial Court issued notice to petitioner. Per judicial record, he was served, but chose not to appear. He was accordingly proceeded ex parte vide order dated 21.08.2017 after relying upon report of process server dated 04.08.2017 (Annexure P-2). Learned trial Court on the basis of evidence pro