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1978 Supreme(All) 391

HARISWARUP, D.N.JHA
Ram Kali – Appellant
Versus
Sia Ram – Respondent


Advocates:
S. Mirza, for Applicant; P.C. Srimal, for Opposite Parties.

Judgement

D. N. JHA, J. :- Srimati Ram Kali has filed this review application and has also preferred an application for setting aside the ex parte order passed by a learned single Judge of this Court dated 13-4-1976.

2. We have gone through the order passed by the learned single Judge in Second Appeal No. 355 of 1972. The appeal was allowed and the judgment and decree of the Civil Judge, Kheri, dated 20-7-1972 and the decree dated 31-8-1971 were set aside. Since the learned Judge has retired the matter has come up before this Bench.

3. The sole question considered by the learned Judge while disposing of the second appeal was that the notice served under S. 106 of the Transfer of Property Act was bad as it did not give one month s notice and therefore, the orders passed by the subordinate courts were not correct. We have gone through the application for setting aside of the ex parte decree and we are constrained to observe that no sufficient cause has been shown in the said application supported by affidavit to set aside the ex parte order. While considering the review application we have gone into the merits of the case and we are of the view after examination of the facts and hearing




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