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1995 Supreme(MP) 864

V.K.AGARWAL
Rawal Singh – Appellant
Versus
M. P. Griha Nirman Mandal – Respondent


Advocates:
K.N. Agarwal for applicant; A.D. Deoras for non-applicants

ORDER


1. Both these revisions arise from the impugned orders dated 30.10.1993 passed in Civil Suit No. 42-A/1984 (Civil Revision No. 578/93) and Civil Suit No. 40-A of 1984 (Civil Revision No. 584/93) by n Additional District Judge, Balaghat whereby the application for execution of the ex parte decrees passed in the said civil suits was held to be time-barred and was accordingly dismissed.

2. Decrees in Civil Suit No. 42-N84 & Civil Suit No. 40-N84 were passed in favour of the applicant whereby a mandatory injunction to the effect against the non-applicant/defendant" was passed that the non-applicant" would allot an MIG type house to the applicant whenever it is constructed, at the price, as prevailing for the said type of house in the year 1978. The ex-parte decrees to the above effect passed on 21st June, 1985 were sought to be executed by an applications for execution dated 20.1.1993, which were held to be time-barred and dismissed by the impugned-order.

3. It was urged before the executing Court that the judgment-debtors/non-applicant" had filed an application under Order 9 Rule 13 C.P.C. for setting-aside the ex parte decrees passed, as-above, which application was dismissed







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