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2017 Supreme(MP) 1089

VIVEK RUSIA
Mohan – Appellant
Versus
Kamal s/o Umraoprasad Sharma – Respondent


Advocates Appeared:
For the Applicant : J.B. Mehta
For the Respondent: B.K. Gupta

ORDER :

Heard on the question of admission.

The applicant (hereinafter referred to as “the defendant”) has filed the present revision under section 115 of Civil Procedure Code challenging the order dated 3-5-2016 passed in Civil Misc. Appeal No. 4/2016 by First Additional District Judge, Barwani and order dated 12-1-2016 passed by Civil Judge, Class-I, Rajpur in MJC No. 2/2014 by which the Court has refused to set aside the ex parte judgment and decree dated 29-9-2010.

2. Facts of the case are as under:—

(a) The Respondent/plaintiff filed the Civil Suit No. 10-A/2010 seeking possession of the house. The suit was filed 19-7-2010 in which the summon was issued to the present applicant/defendant on 29-7-2010. The service of the notice was served to the wife of the defendant who refused to receive the same. The Process Server-Ashok Verma submitted his report to the Court (Ex.P/7) dated 29-7-2010 and on the basis of the said report, the present applicant has been proceeded ex parte. Thereafter the ex parte judgment and decree dated 29-9-2010 was passed against him.

(b) After the judgment and decree, the plaintiff filed the execution proceedings. When the present applicant/defendant received


























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