MAHESH CHANDRA TRIPATHI,J. - (1.) Heard Shri Sanjiv Singh, learned counsel for the defendant-petitioner.
(2.) The defendant-petitioner is before this Court assailing the order dated 16.3.2017 passed by Civil Judge (JD), Hawali, Varanasi and the order dated 9.4.2018 passed by Addl. District Judge, Court No. 4, Varanasi and for a direction to allow the delay condonation application (6Ga) and the restoration application (4Ga) dated 11.10.2011 filed by the defendant-petitioner.
(3.) The record in question reflects that the plaintiff-respondent had filed Suit No. 245 of 1993 (Tulsi Das v. Gulab Seth and Ors.) for partition of the property detailed in the plaint dated 5.3.1993 claiming 1/2 share over the property. It is alleged that some forged and fabricated compromise dated 20.09.2004 was entered into between the parties in which the elder brother of the defendant-petitioner Bhola Nath Seth, who was doing Pairvi in the case misused the signature of the defendant-petitioner and somehow got the forged and fabricated compromise entered into on behalf of defendant petitioner, which was accepted by the court below vide order dated 20.09.2004.;