ORDER

This misc. appeal has been filed to challenge the order passed on 02.02.2018 in MJC(Civil) No.2/2013 decided by Third Additional District Judge, Gadarwara, District Narsinghpur, whereby the MJC (Civil) filed by the appellant (hereinafter referred to as ‘defendant’) under Order 9 Rule 13 CPC alongwith application of Section 5 of Limitation Act was dismissed.

2 . Brief facts relevant for the decision of this appeal are that a civil suit registered as RCS No.14A/2011 was filed by respondent (hereinafter referred to as ‘plaintiff’) against defendant for seeking the relief of specific performance of contract of sale; that suit was decreed ex parte on 26.08.2011; defendant received the notice in the execution case of that decree on 16.01.2013 upon which he inquired about the case and learnt that the suit was decided ex parte against him on a wrong report of service of summons. No summons was received by defendant nor he refused any in the original civil suit; further no summons was affixed on the house of defendant; it appears that under a conspiracy a false report was filed before the trial Court. The defendant collected necessary documents and from there he came to know abo