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1981 Supreme(Guj) 33

A.M.AHMADI
NAGINBHAI DEVSHIBHAI SANGHVI – Appellant
Versus
RAMNIKLAL PAUN – Respondent


Advocates Appeared: P.V.Hathi

A. M. AHMADI, J.

( 1 ) THE petitioner instituted a Suit No. 36 of 1978 in the Court of the learned Civil Judge (Senior Division) Amreli to recover a sum of Rs. 18 0 from the opponents being the purchase price of an Ambassador Car. The summonses were issued on the opponents but they were returned unserved. The petitioner once again paid the process fees for the service of the summonses on 24/11/1978. The summon- ses were however returned unserved for want of proper address and the time for service being short. The summonses were therefore reissued by the Court but once again they returned unserved. Thereupon the petitioner filed on application Exhibit 8 on 23/02/1979 to permit him to pay the process fees for the service of the summonses which application was granted. However the petitioner failed to pay the process- fees. On the next date that is on 16/03/1979 another application Exhibit 9 was given for permission to pay the process fees which was granted and the returnable date for the service of the summonses was fixed on 3/04/1979. However once again the petitioner defaulted in paying the process-fees. On 3/04/1979 yet another application Exhibit 10 was given by the petitioner for




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