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Ghyanshyam Tiwari & Anr. vs. Om Prakash Tiwari th. LR’s.

38.00 3.80

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Code of Civil Procedure, 1908–Order 9, Rule 13–Application for setting aside the ex-parte decree–Dismissal of–Earlier, ex-parte proceedings were initiated against the appellants which were set aside subject to cost of Rs. 350/-, however, amount of cost was not paid by appellants–Counsel of appellants pleaded no instruction after sending them the notice–Application for setting aside the ex-parte decree was filed after four months–Appellants failed to furnish any explanation as  regard to contacting with their counsel –Held, no error is found in the impugned order.