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Bhanwari & Ors. vs. Bhawari Devi & Anr.

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Code of Civil Procedure, 1908–Order 9, Rule 13 & Order 5, Rules 17 & 18–Ex parte decree–Set aside–Service of notice was not proper with compliance of provisions of Order 5, Rules 17 & 18–It does not specify the witnesses who identified the house of the defendants–Correction in the date mentioned on the summons and it cannot be said to be bonafide as it is not on one place –Nothing is available on record to show that the defendants were aware–Held, ex parte decree was rightly set aside.