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2022 Supreme(Raj) 669

RAMESHWAR VYAS
Banwari Lal S/o Nathu Ram – Appellant
Versus
Sarita Bishnoi widow of Ripudaman Singh – Respondent


Advocates appeared:
For the Petitioner: Mr. S.L. Jain
For the Respondent: Mr. S.R.Godara

ORDER :

1. The instant civil revision petition under Section 115 of the Code of Civil Procedure, 1908 has been preferred by the petitioner-defendant of Civil Original Suit No. 63/2007, whose application filed under Order IX, Rule 13 of C.P.C. for setting aside ex-parte Judgment & Decree dated 03.07.2009 was dismissed by the Additional Civil Judge No. 2, Sri Ganganagar vide Order dated 15.09.2017 passed in Civil Misc. Case No. 76/2011 (Banwari Lal Vs. Smt. Sarita Bishnoi & ors.). The appeal filed by the defendant-petitioner against the same was also dismissed by the Additional District Judge No. 2, Sri Ganganagar vide Order dated 04.09.2021 passed in Civil Misc. Appeal No. 24/2017 (Banwari Lal Vs. Smt. Sarita Bishnoi & anr.).

2. The brief facts of the case are that the plaintiffs (respondents herein) filed an eviction suit against the defendant – Banwari Lal (petitioner herein) on 18.09.2007. On 29.09.2007, the summon was issued to the defendant for 17.11.2007, which was returned unserved with the report that the defendant was not found in the house, however, his adult son was found present, who refused to receive the summon, then the same was affixed on the house of the defendant. On

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