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1979 Supreme(Raj) 34

M.C.JAIN
PRAKASH CHANDER – Appellant
Versus
SUNDER BAI – Respondent


Advocates Appeared:
M.M.Singhvi, N.N.Mathur, S.C.BHANDARI

Judgment


M. C. JAIN, J.

( 1 ) THIS revision is directed against the order of the District Judge, Udaipur, dated 12-9-78 whereby the order of the Civil Judge, Udaipur, dated 10-1-78 was upheld and the defendant-petitioners application for setting aside the ex parte decree was dismissed.

( 2 ) THE facts leading to the present revision petition may briefly be stated as under: the plaintiffs Arjundas and Smt. Sun deri Bai instituted a suit for arrears of rent and ejectment against the tenantdefendant Prakash chandra on 4-11-76 on the grounds of personal necessity, sub-letting and default. After registration of the case, summons was ordered to be issued for 10-1-77. On 10-1-77 fresh summons was ordered to be issued for 21-2-77, as the earlier summonses did not return. Summons was issued at the Kankarauli address of the defendant through court. On 21-2-77 summons returned unserved with the endorsement that the defendant was not available at his given address and is at Udaipur. The plaintiffs submitted an application the summons may be issued through registered post, whereupon the court ordered issue of summons through registered post as well as through court for 12-4-77. On 12-4-77, it












































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