- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Allahabad High Court dismissing the appeal filed by the appellant. In the said appeal the order passed by 11th Additional District & Sessions Judge, Varanasi, rejecting the application filed by the appellant for restoration of the appeal in terms of Order XLI Rule 21 of the Code Of Civil Procedure, 1908 (for short 'CPC') was rejected.
(3.) Background facts in a nutshell are as follows: Respondent No.1-Munna Lal instituted a suit for specific performance of the contract dated 6th March, 1992. The agreement was allegedly executed by Smt. Krishna Devi, mother of the appellant and respondent no.2 who were the appellants before the High Court. The said Smt. Krishna Devi expired during the pendency of the suit before the Trial Court. According to the plaintiff, out of the total sale consideration of Rupees one lakh, Rs.25, 000/- was given on 2nd March, 1992 and another sum of Rs.15, 000/- was given on 6th March, 1992. It was stipulated in the agreement that the sale deed shall be executed by the Vendor after she obtained permission from the authorities under the Urban Land (Ceiling and Regulation) Act, 1976 (in short 'ULC Act'). As Vendor failed to execute the sale deed the suit for specific performance was filed. The suit was dismissed by the Trial Court on 3rd August, 2002. The judgment and decree were challenged by respondent no.1 by filing Civil Appeal no.109/2002. The said appeal was allowed as ex-parte on 11th July, 2003 by the First Appellate Court. An application was filed by the present appellant and the respondent no.2 to set aside the ex-parte decree passed by the Courts below. The said application was filed in terms of Order XLI Rule 21 CPC which was rejected by the First Appellate Court.;