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JYOTI SARAN
Syed Askari Hadi Ali Augustine Imam alias Tootoo Imam – Appellant
Versus
Shamim Amna Imam – Respondent
JYOTI SARAN, J.:–This appeal under Order XLIII rule 1(d) of the Code of Civil Procedure (hereinafter referred to as ‘the Code’) is directed against the order dated 20.11.1995 passed by the learned Sub-Judge 1st, Patna in Misc. Case No.62 of 1993, whereby the miscellaneous case filed by the appellant under Order-IX rule 13 read with section 151 of the Code has been dismissed.
2. Facts of the case briefly stated leading to the miscellaneous case is that a suit bearing T.S. No.36 of 1991 was filed by the plaintiff respondent nos.1 and 2 as against the respondent nos.3 to 6, who were impleaded as defendant nos.1 to 4 and the appellant herein impleaded as defendant no.5, seeking to declare the sale deed dated 26/27.6.1987 executed by the defendant no.5-appellant in favour of defendants 1st set who are respondents 2nd set herein as illegal, void, inoperative and not binding on the plaintiffs. The suit was admitted and summons were issued. As per the order impugned, the defendants did not choose to appear and hence it led to ex-parte judgment and decree dated 10.9.1993 passed in Title Suit No.36 of 1991. The defendants upon gathering knowledge about the ex-parte decree filed the
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