- (1.) The epitome of the facts, relevant for disposal of the present revision petition and emitting from the record is, that Manmohan Soni son of Bhagwan Dass Soni-petitioner-plaintiff(for brevity ''the plaintiff') filed the suit against Banwari Lal-respondent-defendant(for short ''the defendant'') for a decree of possession by way of specific performance of an agreement to sell dated 08.12.2007.
(2.) As, initially the defendant did not appear to contest the suit, therefore, ex-parte proceedings were ordered against him. The suit of the plaintiff was ultimately decreed by the trial Court, by means of ex-parte judgment and decree dated 09.03.2010.
(3.) As soon as, the defendant came to know, he moved an application for setting aside the ex-parte judgment and decree dated 09.03.2010, invoking the provisions of Order 9 Rule 13 CPC, inter alia, pleading that neither he was duly served, nor the pendency of the suit was in his knowledge.;