- (1.) The defendant-applicant has approached this Court assailing order dated 4 September 2015 passed by the Appellate Court/Additional District Judge, Court No. 16, Allahabad in Misc. Civil Appeal No.162 of 2013 (Suresh Chandra Kesarwani and others vs. Ratan Kumar Chaurasiya and others) arising from an order dated 8 November 2013 passed by the Small Causes Court, Allahabad rejecting the application filed under Order 9 Rule 13 CPC.
(2.) I have heard learned counsel for the parties and perused the record.
(3.) The courts below noted in the impugned order that a suit being Original Suit No.187 of 1999 (Chhotey Lal and others vs. Hari Shankar Tiwari and others) was instituted for cancellation of sale deed. On 23 August 1999 an order was passed to proceed ex parte, consequently, the suit was decreed ex parte on 20 July 2000. In an application under Order 9 Rule 13 CPC, the ex parte decree was set aside on 13 March 2001. Upon restoration, the applicant-defendant again did not participate in the suit, as such, the trial court on 13 July 2006 directed to proceed ex parte, finally the suit was decreed ex parte on 20 October 2009. Aggrieved, the applicant-defendant preferred an application under Order 9 Rule 13 CPC which was rejected, the appeal also met the same fate. The aforementioned orders are being assailed under Article 227 of the Constitution.;