JUDGMENT :

NIDHI GUPTA, J.

Present Civil Revision Petition under Article 227 of Constitution of India has been filed by defendant No.2 for setting aside the impugned order dated 18.11.2024 (Annexure P-1) passed by the Additional Civil Judge (Senior Division), Dera Bassi; whereby the applications (Annexures P-15 & P-17) dated 07.03.2018 filed by the petitioner under Order IX Rule 13 of the Code of Civil Procedure, for setting aside the ex-parte order (Annexure P-5) dated 23.05.2014 and consequential ex-parte judgment and decree (Annexure P-14) dated 16.12.2016, have been dismissed; and further for setting aside the impugned order (Annexure P-2) dated 14.11.2025 passed by the learned Additional District Judge, S.A.S. Nagar, whereby the appeal filed by the petitioner against the aforesaid orders has also been dismissed.

2. Brief facts of the case in chronological order are as follows: -

23.04.2013: Plaintiffs/respondents No.1 and 2 herein, had filed a suit for possession dated 23.04.2013 (Annexure P-3) against the defendant No.1/respondent No.3 herein and petitioner/defendant No.2. The said suit was filed for possession by way of specific performance of unregistered Sale Deed dated 17.02.2012 in respect of the suit land as described in the plaint; with further prayer that declaration be issued to the effect that Sale Deed No. 18341 dated 28.02.2012 executed by defendant No.1 in favour of defendant No.2 in respect of the suit land be declared null and void; and for permanent injunction restraining defendant No.2 and her agents from alienating et cetera the suit property; and in the alternative, for recovery of Rs.20,00,000/-.

11.03.2014: Vide order dated 11.03.2014 (Annexure P-12) fresh summons were issued to the defendants for 22.04.2014.

22.04.2014: Eventually vide order dated 22.04.2014 (Annexure P-13), defendants were orders to be summoned through substituted service by way of publication, for 23.05.2014.

23.05.2014: Even after service through publication, defendants had failed to put in appearance. As such, defendants were proceeded against exparte vide order dated 23.05.2014 (Annexure P-5).

16.12.2016: Subsequently, vide exparte judgment and decree dated 16.12.2016 (Annexure P-14), suit of the plaintiffs was decreed for relief of specific performance; and Sale Deed dated 28.02.2012 was declared illegal, null and void; the mutation sanctioned on the basis of said Sale Deed dated 28.02.2012 was also declared null and void; and decree of permanent injunction was also granted in favour of the plaintiffs.

21.02.2017:On 21.2.2017, plaintiffs filed execution proceedings.

07.07.2017: It is the pleaded case of the petitioner that even in the Execution proceedings, proper Service was not affected upon the petitioner. Nonetheless, the petitioner had put in appearance before the Executing Court on 7.7.2017.

06.03.2018: Thereafter, on 06.03.2018, petitioner moved application (Annexure P-15) under Order 9 Rule 13 CPC for setting aside the exparte order dated 23.05.2014; and for setting aside the exparte judgment and decree dated 16.12.2016.

07.03.2018: The petitioner had also filed an application dated 07.03.2018 under Section 5 of the Limitation Act seeking condonation of delay in filing the above said application under Order 9 Rule 13 CPC (Annexure P-17).

14.12.2018: The respondents filed reply dated 14.12.2018 (Annexure P- 18) to the above said application filed by the petitioner seeking condonation of delay. The respondent also filed reply dated 06.01.2024 (Annexure P-16) to the application under Order 9 Rule 13 CPC.

18.11.2024: Vide the impugned order dated 18.11.2024 (Annexure P-1), the said application of the petitioner for condonation of delay in filing application under Order 9 Rule 13 CPC has been dismissed by the learned Additional Civil Judge (Senior Division), Dera Bassi.

14.11.2025: Against the order dated 18.11.2024 (Annexure P-1), the Appeal dated 10.12.2024 (Annexure P-19) filed by the petitioner has also been dismissed by the learned A