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BELAM TRIVEDI
Mohan Singh Bairwa – Appellant
Versus
Roop Chand Rahariya – Respondent
Bela M. Trivedi, J.— With the consent of the learned counsels for the parties, the appeal is heard finally at the admission stage.
2. The present appeal has been filed by the appellant-defendant under Order XLIII, challenging the order dated 5.9.2011 passed by the Additional District Judge No.3, Jaipur (hereinafter referred to as “the trial court”) in Civil Misc. Case No. 67/2010, whereby the trial court has dismissed the application of the appellant-defendant filed under Order IX Rule 13 of CPC, for setting aside the ex parte decree dated 25.3.2010 passed in Civil Suit No. 148/2009.
3. In the instant case, it appears that the respondent-plaintiff had filed the suit for specific performance of the agreement allegedly executed by the appellant-defendant on 12.8.2008, and allegedly amended thereafter from time to time. The said suit was proceeded ex-parte against the appellant-defendant under the guise that the appellant had failed to appear though duly served. The trial court ultimately had decreed the suit ex-parte on 25.3.2010 granting the decree of specific performance of the agreements in question in respect of the suit property, in favour of the respondent plaintiff, Th
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