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Babulal & Anr. vs. Mahaveer Jain Swetamber Pedhi (Trust) & Ors.

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Code of Civil Procedure, 1908–Order 5, Rule 9–Service of summon–Observation of Trial Court that the service of summon to respondent/defendant nos. 2 to 11 & 13 to 27 was not complete–Writ petition with the allegation that the Presiding Officer is in connivance with the counsel and he is not treating the service complete–Respondent nos. 2 to 11 and 13 to 27 have been impleaded in their personal capacity and not through any agent who is empowered to accept the service of the summons, thus, it cannot be declared that the summons have been duly served upon the respondents–Interference declined in the impugned order.