CPC Order IX Rule 13 – Respondents instituted civil suit of 2004 for specific performance of the contract on the foundation that the defendants had entered into an agreement for sale in respect of a land admeasuring 03 kanals and 04 marlas for a sum of Rs. 1,40,000/- Ex parte judgment was passed – It is a fit case where the appellants should be allowed an opportunity to contest the suit. Therefore, we direct that The appellants shall be permitted to file a written statement within two months and he shall be allowed to contest subject to payment of costs of Rs. 1,50,000/- .
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CPC O. 9 R. 13 – Ex parte judgment – Set aside with costs of Rs 1.5 lacs.
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