Neutral Citation No. - 2025:AHC-LKO:25618 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 21983 of 2019 Petitioner :- Surya Lal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Lucknow And Ors. Counsel for Petitioner :- Rajesh Kumar,Mohammad Ehtesham Khan,Rajneesh Maurya Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging the order dated 20.09.2017 whereby the Misc. Appeal preferred by the petitioner against the order dated 20.09.2017 was dismissed. 3. The facts in brief are that the petitioner claims that he had purchased a property by virtue of a sale deed, however a Suit No. 367 of 2005 came to be filed for quashing the sale deed. It is stated by the counsel for the petitioner that no summon/notice was ever served upon the petitioner, as such, he never appear in the suit and ultimately, the said suit came to be dismissed on 23.09.2013 exparte. When the petitioner came to know about the said suit, he moved an application under Order 9 Rule 13, however, on account of inadvertence, a separate Section 5 application could not be filed, as such, the application under Order 9 Rule 13 came to be dismissed vide order dated 30.09.2017. Challenging the said order, a Misc. Appeal No. 37 of 2017 was preferred which too was dismissed mainly on the ground that no Section 5 application was preferred. The said order is under challenge before this Court. 4. The submission of the counsel for the petitioner is that through an exparte decree, sale deed of the petitioner has been cancelled and his application for recall of the exparte order has been rejected on technical ground. 5. Be that as it may, the present petition is disposed of permitting the petitioner to prefer a regular appeal under Section 96 challenging the exparte judgment dated 23.09.2013. In the said application, the petitioner would be entitled to file an application claiming the benefit of Section 5 as well as Section 14 of the Limitation Act keeping in view that the matter was pending before the various authorities and before this Court for such a long time. In case, such an appeal is preferred along with application, the same shall be decided in accordance with law. Order Date :- 2.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench