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1959 Supreme(Raj) 198

K.L.BAPNA
SOHAN LAL – Appellant
Versus
POONAM CHAND – Respondent


Advocates Appeared:
M.M.VYAS, S.C.BHANDARI

Judgment


K. L. BAPNA, J.

( 1 ) THIS is an appeal against an order of the learned Civil Judge of Ratangarh dated 23rd of March, 1955 refusing to set aside the, ex parte decree.

( 2 ) POONAMCHAND of Ladnu instituted a suit against Sohanlal, his two minor sons Ratanlal and Champalal, under guardianship of Sohanlal of Doon-gargarh and one Nanuram. The suit was for recovery of Rs. 5,000/- for principal and Rs. 500/- for interest on the allegation that the defendants Nos. 1 to 3 obtained a loan of Bs. 5,000/- through their Munim, defendant No. 4 Nanuram and executed a Hundi payable at sight dated 24th of November, 1954 and the said Hundi was executed by defendant No. 4, their Munim on behalf of defendants Nos. 1 to 3. It was then alleged that the amount of the Hundi was not paid when presented. The defendants Nos. 1 to 3 were stated to be liable on the Hundi, but it was also pleaded that in case defendants Nos. 1 to 3 may raise any objection as to the authority of defendant No. 4, the said defendant No. 4 was also made a defendant. On the summonses being issued, the report was that defendant No. 1 refused to accept it and the summons was affixed on the outer door of his dwelling on 13th














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