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1951 Supreme(Raj) 12

WANCHOO, DUTT
Abheysingh – Appellant
Versus
State – Respondent


Advocates Appeared:
Ratanlal Purohit, for Petitioner; Mansharam, Government Advocate for the State

Wanchoo, C. J.—This is a revision by Abhey Singh against the order of the Munsif of Jahazpur in a civil matter. The facts giving rise to this revision are these:—

Abheysingh had filed a suit against Kesrimal, Bakhtawar and Uda for a declaration that the lands in suit were not liable to be attached and sold in execution of a decree passed against Bakhtawar and Uda and in favour of Kesrimal. At a later stage, the State Council of the former State of Mewar was also impleaded as a defendant. On the 1st of December, 1948, an ex parte decree was passed in favour of the present petitioner. Thereupon, on the 12th of December, 1948, an application was made on behalf of the State Council for setting aside the ex parte decree. This application was, however, dismissed for default on the 14th of February 1949. Then on the 12th of March, 1949, the Government Pleader made an application for restoration of the application of the 12th of December, 1948. This application was allowed and the application for restoration dated 12th of December, 1948 was restored. Abheysingh came up in revision against the order restoring the application of the 12th of December, 1948. The case was heard by a learned Sing









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