JUDGMENT :

1. Heard Sri Rahul Sripat, learned Senior Advocate assisted by Sri Ishir Sripat, learned counsel for the appellant and Sri Virendra Singh, Ms. Neha Khan and Sri Jitendra Shanker Pandey, learned counsel for the sole respondent and perused the record.

2. The appellant has preferred instant First Appeal From Order assailing the order dated 10.12.2021 passed by Additional District and Sessions Judge, Court No. 3, Muzaffar Nagar rejecting the restoration application moved by him under Order 9 Rule 13 read with 151 C.P.C., registered as Misc. Case No.17 of 2011, against the ex-parte judgment and decree dated 13.11.2009 passed by Additional District Judge, Court No. 5, Muzaffar Nagar in Original Suit No. 684 of 2008 (Zulfkar Ali Vs. Rakesh Kumar Jain).

3. Facts culled out from the record are that Zulfkar Ali (plaintiff-respondent) has filed suit dated 14.7.2008 for permanent prohibitory injunction against the defendant-appellant to restrain him not to interfere in the peaceful possession of the plaintiff over the property in question shown by letters ABC at the foot of the plaint and also not to dismantle the construction exists over there. The plaintiff came with the case that to