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Shivcharan Lal & Anr. vs. Pappu Khan & Ors.

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Code of Civil Procedure, 1908–Order 9, Rule 13–Dismissal of application–Appeal against–Allowed–Case was transferred to the Court of Gram Nyayalaya–Neither the plaintiffs nor the defendants were present before this Court–No notice was issued to the parties as regards to transfer of case–Exparte proceedings were undertaken and the ex-parte judgment and decree were passed–Defendant applied for the certified copy of the order and filed the application under Order 9, Rule 13, when they came to know about it from the plaintiffs–Sufficient cause for non-appearing–Held, the ex-parte decree was rightly set aside.