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1972 Supreme(P&H) 99

P.C.PANDIT
Tilak Ram & Sons – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. On 1st April, 1942, the State of Punjab obtained a money-decree for Rs. 2661.15 paise against Tilak Ram and Sons of Ludhiana. This decree was confirmed by this Court in Second appeal on 13th February, 1962. Thereafter, the decree-holder took out execution on 1st May, 1964. The execution application was dismissed in default on account of the non-appearance of the decree-holder on 5th October, 1968. The decree-holder on 8th October, 1968, filed a restoration application under Order 9, Rule 4, Code of Civil Procedure. Notice of this application was given to the judgment-debtor for 17th May, 1969. On that date the said application was also dismissed in default on account of the non-appearance of the decree holder and it was stated that the process-fee had not been filed by the decree-holder for effecting service on the judgment-debtor. On 19th May, 1969, another application under Order 9, Rule 4, Code of Civil Procedure, was made for the restoration of the application dated 8th October, 1968, which had been dismissed in default on 17th May, 1969. It was stated therein that the restoration application was not listed in the cause list for 17th May, 1969. Maharaj Krishan, a Cle









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