- (1.) This application is directed against the Order No.29 dated January 15, 2011 passed by the learned Judge, 13 th Bench, City Civil Court, Calcutta in Misc. Case No.4074 of 2008 arising out the Title Suit No.254 of 1999.
(2.) The short fact is that the plaintiff / opposite party herein instituted a suit being Title Suit No.254 of 1999 for specific performance of contract, mandatory injunction and other reliefs. The defendant / petitioner herein did not receive proper notice of the hearing of the suit and as such, she could not contest the suit. The learned Trial Judge decreed the suit ex parte on March 3, 2006 without considering whether proper notice had been issued or not upon the petitioner. Thereafter, on getting information about passing of the ex parte decree against the petitioner, she filed an application under Order 9 Rule 13 of the C.P.C. along with an application under Section 5 of the Limitation Act for recalling the ex parte decree and the same was registered as Misc. Case No.4074 of 2008.
(3.) Upon hearing both the sides on the application under Section 5 of the Limitation Act, the learned Trial Judge observed that the petitioner failed to explain sufficient cause for delay of 724 days in filing the application under Order 9 Rule 13 of the C.P.C. Accordingly, he rejected the application under Section 5 of the Limitation Act on contest and in consequence he also dismissed the application under Order 9 Rule 13 of the C.P.C. Being aggrieved by such order, the defendant / petitioner herein has filed this application.;