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HC (01/02/2023)


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Code of Civil Procedure, 1908–Order 21, Rule 106 & Sec. 151–Restoration
of execution petition which was dismissed in default–Whether the limitation
of 30 days prescribed in Order 21, Rule 106 will be attracted?–Held, no–
Dismissal in default of execution petition cannot be held under Order 21,
Rule 105–Restoration can be done by invoking the provisions of Sec. 151–
An objection of limitation deserves to be negated.