SHEKHER DHAWAN,J - (1.) - Present petition is challenge to the order dated 3.9.2014 (Annexure P1), passed by learned Civil Judge (Senior Division), Ludhiana, whereby application under Order 9, Rule 4 CPC read with Section 151 CPC was accepted against order 21.10.1999 (Annexure P2) passed under Order 9, Rule 2 CPC.
(2.) Facts relevant for the purpose of decision of the present petition that plaintiff (respondent No.1) had filed a suit for specific performance of agreement of sale dated 6.5.1991 relating to suit property against the present petitioner along with Ramesh Kumar and Baldev Raj Bhatia. On 21.10.1999, the Court of Additional Civil Judge (Senior Division), Ludhiana passed the following order:- "Notice to defendant No.1 not issued for want of PF/RC and copies. Same are not filed for the last four consecutive dates. There is no explanation on the file for non filing of PF/RC and copies. Therefore, suit against defendant No. 1 is dismissed U/O 9 Rule 2 CPC. Now to come up for filing written statement and reply to stay application by present defendants on 15.11.1999". Thereafter, an application under Order 9, Rule 4 CPC was filed by the plaintiff for restoration of the suit against defendant No.1 and the Court below accepted the application vide order dated 3.9.2014.
(3.) Learned counsel for the petitioner submitted that application under Order 9, Rule 4 CPC was filed after 15 years because order was passed on 21.10.1999 and application under Order 9, Rule 4 CPC was filed on 23.8.2014 without any basis. Plaintiff was aware of the passing of the order right from the beginning and the said order was passed only because of non filing of process fee/RC by the plaintiff and after 15 years, there was no ground for acceptance of such an application having been filed by the plaintiff and the said order is liable to be set aside.;