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1969 Supreme(Del) 32

S.N.ANDLEY
LACHMAN DASS – Appellant
Versus
MESSERS VEER FINANCE COMPANY – Respondent


S. N. Andley, J.

( 1 ) THIS appeal is against the order dated June 13, 1968, of Mr. S. C. Ahuja, Sub-Judge First Class, Delhi, whereby he dismissed the application which had been filed by the appellant for setting aside the ex-parte decree passed by the trial Court on 13th May, 1966.

( 2 ) THE short facts relevant to the controversy which has been raised in this appeal are that the appellant is one of the guarantors in respect of the motor vehicle bearing registered No. U. P. D. 8312 for the purchase of which an advance was made by respondent No. 1 to one Devka Partap Singh. Since disputes had arisen between the parties, reference was made to an arbitrator and, upon the making of the award, respondent No. 1 filed an application in the trial Court to make the award a rule of the Court.

( 3 ) NOTICES of this application and of the filing of the award were issued to the various parties. In so far as the appellant is concerned notices were issued to him on 13th January, 1966 and 16th February, 1966 but he was not served for these dates. The case was, therefore, adjourned to 16th March, 1966 for which date also the appellant was not served as he was reported to be out of station. Then t










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