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1935 Supreme(All) 61

ALLSOP, GANGA NATH
Kr. Nandan Singh – Appellant
Versus
Musammat Sundar Kuar – Respondent


JUDGMENT

1. This is an application asking us in revision to set aside an Order passed by the Court below which set aside an ex parte decree. The basis upon which the Court acted was that the applicant in that application, that is the person who was seeking to get the decree set aside, had not been served with notice and no argument has been addressed to us upon the facts of the case. The contention is that the present applicant who was a party to the suit and a party to the decree was not given any notice of the application to set that decree aside and was not even mentioned in the application as one of the persons concerned. The decree was one for sale en a mortgage. The present applicant, Mandan Singh, was a subsequent purchaser of a part of the mortgaged property and was a necessary party to the mortgage suit and had been impleaded in that suit. After the ex parte, decree was passed, the property was put to sale and Mandan Singh, purchased a part of it. He had also obtained an order that the sale of the property originally purchased by him should be postponed to the sale of the other property and that it should not be sold if the other property fetched a sufficient price to disch

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