Dilip Kumar S/O Bhanaram vs Bajranglal Bhargava S/O Sukharam
2022 Latest Caselaw 2041 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil First Appeal No. 114/2022

Dilip Kumar S/o Bhanaram
                                                                  ----Appellant
                                   Versus
Bajranglal Bhargava S/o Sukharam,
                                                                ----Respondent

For Appellant(s) : Mr. Sunil Kumar Jain For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/03/2022

Appellant-defendant has preferred this first appeal assailing

the judgment and decree dated 22.03.2018 passed by Additional

District Judge No.2, Jhunjhunu, District Jhunjhunu in civil suit

No.41/2012 (213/2011) (CIS No.137/2014) whereby suit for

specific performance of respondent-plaintiff was decreed.

Counsel for appellant submits that impugned decree was

passed in absence of appellant and earlier he also filed an

application under Order 9 Rule 13 CPC however, the same was

dismissed on 04.09.2018. After dismissal of his application he filed

writ petition but the writ petition was also dismissed on

06.12.2021.Thereafter, the appellant has filed this first appeal

seeking condonation of interregnum period for reasons mentioned

hereinabove.

Issue notice of application under 5 of Limitation Act as well

as first appeal and stay application.

Notices be given 'dasti' to counsel for appellant to ensure

service.

(2 of 2) [CFA-114/2022]

Counsel for appellant submits that respondent is proceeding

for execution, if that is so, appropriate application with necessary

documents to substantiate the argument may be filed for interim

relief.

List on 31.03.2022.

(SUDESH BANSAL),J

Saurabh/60

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