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Vimal Chand Lodha th. LR’s. vs. Smt. Rabiya Rehmani th. LR’s.

52.00 5.20

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Code of Civil Procedure, 1908–Order 9, Rule 13 r/w. Sec. 151–Prayer to set aside the ex-parte decree–Allowed–Instant petition against the order–Report of process server that the defendant refused to accept the notice–No other material to show that the notice was ever served other than the above referred process–Trial Court did not read the report–A copy of notice was not sent additionally through registered post to defendant–Held, no case is made out for interference.