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2022 Supreme(Raj) 2413

ASHOK KUMAR GAUR
Harish Minocha – Appellant
Versus
Daulat Ram – Respondent


Advocates appeared:
Mr.Vigyan Shah, Advocate, for the Petitioner

JUDGMENT

1. The present writ petition has been filed by the petitioner- plaintiff challenging the order dated 09.07.2015, whereby the application filed by the respondent-defendant dated 27.05.2015 has been allowed and the present petitioner has been restrained from making the agreement to sale dated 22.11.2008 as Exhibit on the ground of not properly stamped.

2. This Court finds that initially notices were issued by this Court on 29.02.2016 and the Court below was restrained from passing the final order.

3. This Court finds that notices were issued to the respondent- defendant from time to time and the office report dated 13.10.2017 shows that notices on sole respondent-defendant were served on him on basis of the report of the process server as the respondent-defendant was present at his address but he refused to accept the notices and then notices were affixed on his house.

4. This Court finds that service was complete and when the petitioner moved an application for early disposal of the writ petition at orders stage, notices were again issued. Office report shows that the notices were again served on the respondent but he failed to appear before this Court.

5. This Court on 27.01.20

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