O R D E R

(23/ 06/2021)

Appellant has filed this Miscellaneous Appeal under Order 43 Rule 1(d) of CPC against the order dated 08.01.2020 passed by 2nd Additional District Judge, Jabalpur in MJC No. 862/2017 whereby learned 2nd Additional District Judge has dismissed the application under Section 5 Limitation Act as well as under Order 9 Rule 13 CPC filed by the appellant.

2. The case of appellant, in short, is that the disputed property bearing flat No. 101 is situated at Amba Apartment, Civil Line, Jabalpur. Respondent/decree holder filed a suit for partition in the year 2010. She alleged that suit property was jointly purchased by respondent/decree holder and her husband Peter Messias. Suit was registered an original as Civil Suit No. 07-A/2011. Thereafter, husband of respondent/decree holder became ex-parte in the said suit and finally the said suit was decided ex-parte on 13.04.2012. The respondent/decree holder and her husband were separated by a decree of divorce passed on 25.02.203, but this fact was suppressed by the respondent/decree holder in her civil suit. Thereafter the respondent/decree holder initiated the execution of decree on 13.04.2012. At that time, the husband of