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ARUN MONGA
Sucha Singh – Appellant
Versus
Harish Talwar – Respondent
| Table of Content |
|---|
| 1. overview of application dismissal (Para 1 , 2 , 3 , 4) |
| 2. evaluation of service of summons attribution (Para 6 , 7 , 8) |
| 3. disputed facts and misrepresentation claims (Para 9 , 10 , 11 , 12) |
| 4. legal standards for summons service (Para 14 , 15 , 16 , 17) |
| 5. justice and opportunity for defense (Para 18 , 19) |
| 6. conclusion and orders (Para 20 , 21 , 22) |
Judgment
Mr. Arun Monga, J.
Assailed herein are two orders viz. dated 27.01.2020 (Annexure P- 6) and 03.10.2022 (Annexure P-8) learned trial Court and Appellate Court, respectively, whereby application filed by defendant/petitioner under Order 9 Rule 13 CPC, seeking to set-aside ex parte judgment and decree dated 04.09.2018 (Annexure P-3), was dismissed.
2. Succinct facts, as pleaded in the revision petition.
2.1 Respondent/plaintiff filed a suit for possession by way of specific performance against petitioner/defendant on the basis of an alleged agreement to sell dated 23.06.2015, stated to be executed by petitioner in respect of a house constructed over an area measuring 06 Marlas. Total sale consideration per agreement is claimed to be Rs.2 lakh with date for registration of sale deed fixed on 30.12.2015 and a sum of Rs.6
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