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2008 Supreme(Raj) 2121

VINEET KOTHARI
Saraswati Devi – Appellant
Versus
Madhu Singh – Respondent


Advocates:
For the Petitioners:N.K. Rastogi, Advocate
For the Respondents:J.K. Bhaiya , Advocate.
For the Respondents:Jitendra Chopra, Advocate.

JUDGMENT

1. - 1. Heard learned counsels.

2. This writ petition under Article 227 of the Constitution of India has been filed against the orders dated 30.8.2007 and 26.3.2008 passed by the learned trial court in civil suit No.467/2004 wherein the learned trial court has rejected the objections filed by the present petitioners under Order 47 C.P.C. in the proceedings relating to final decree in a partition matter.

3. Learned counsel for the petitioners Mr. N.K. Rastogi submits that on 9.8.2007 at 2:30 PM the learned trial court had fixed the next date for disposal of the case on 31.8.2007 whereas the said matter was taken on board and listed before the learned trial court on 30.8.2007 one day prior and since nobody appeared on behalf of the petitioners, the objections were over ruled ex-parte in presence of other counsels. He, therefore, submits that the present petitioners were deprived of pressing their objections before the learned trial court. He further submits that he filed a review application before the learned trial court which also came to be rejected on 26.3.2008 on the ground that the date fixed on 9.8.2007 was 30.8.2007 only and not 31.8.2007.

4. The learned counsel for the







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