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1979 Supreme(Pat) 41

LALIT MOHAN SHARMA
Rampati Devi And Another – Appellant
Versus
Mt. Chandrika Devi – Respondent


Judgment

1. This appeal by the defendants in a suit in which an ex parte decree has been passed against them, has been filed against the judgement of the Court below rejecting the appellants application under O.9, R.13 of the Civil P.C. (hereinafter referred to as the Code) for setting aside the ex parte decree. The suit was filed by the plaintiffs-respondents for cancelling a sale deed executed by them in favour of the appellants on certain grounds. The suit was decreed ex parte on 14-4-1977 and an application by the appellants was filed on 12-5-77, that is, within the period of limitation. The appellants have alleged that they were not served with the summons in the suit and had no knowledge about the same till after the ex parte decree was passed. The Court has rejected their case.

2. Admittedly, the appellants are pardanashin ladies and according to the plaintiffs case, the serving peon served the summonses through a maid-servant. During the course of evidence, it became clear that the allegations regarding service through a maid-servant could not be established. The further evidence on behalf of the respondents that the defendants-appellants from behind a parda indicated that t









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