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Banwari Lal vs. Smt. Sarita Bishnoi & Anr.

46.00 4.60

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Code of Civil Procedure, 1908–Order 9, Rule 13 & Order 5, Rules 15 & 17–Ex-parte decree–Prayer for setting aside–Dismissal of–Ground of petitioner that the report of process server was totally false–Process server appeared in evidence and described the house of petitioner–No dispute as regard to identification of petitioner’s house–Defendant-petitioner was ward member and house was well known–On the previous occasions, summon could not be served on account of non-availability of defendant and house was found locked–Circumstances showing that he evaded the service of summons–Further, the petitioner failed to disclose the circumstances under which he came to know about the ex parte decree–Held, application was rightly dismissed.