- (1.) IN spite of sufficient service, no one has appeared on behalf of respondent No. 3, the only contesting respondent.
(2.) HEARD learned counsel for the petitioner. Respondent No.3, Hari Singh instituted O.S. No.301 of 1990 against the petitioner in court of Civil Judge, Hapur, District Ghaziabad for specific performance of agreement for sale of land dated 04.06.1990. The plaint was filed on 11.12.1990. Summons of the suit was served upon the petitioner's son from his pre­vious wife. According to the petitioner after the death of his first wife he had settled at Delhi and remarried, however his son Prem Singh from his previous wife continued to re­side in the village in question where the land in dispute is situate alongwith his maternal grand-parents. The suit was decreed ex parte on 04.04.1991. Defendant petitioner filed res­toration application on 04.05.1992, which was registered as Misc. Case No.23 (or 25) of 1992. The restoration application was re­jected by the trial court on 24.08.1993. Against the said order, petitioner filed Misc. Appeal No. 171 of 1993, Atar Singh v. Hari Singh. District Judge, Ghaziabad dismissed the appeal on 27.10.1993, hence this writ petition.
(3.) RESTORATION application under Order IX, Rule 13, C.P.C. was accompanied by appli­cation for condonation of delay under Sec-tion-5, Limitation Act.;