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Sire Kanwar (Smt.) vs. Smt. Geeta Devi & Ors.

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Code of Civil Procedure, 1908–Order 9, Rule 13 & Sec. 100–Ex-parte decree in first appeal–Delay of 13 years in filing the second appeal–Appellant did not move any application under Order 9, Rule 13 to set aside the ex-parte proceedings undertaken against him–He avoided the service of notice of first
appeal since the decree was passed in his favour by the trial Court–He also avoided to appear in execution proceedings–Held, appeal deserves to be dismised as barred by limitation.