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S.K.KULSHRESTHA
Jahur Bi – Appellant
Versus
Altaf Hussain – Respondent
This appeal has been filed under order 43 rule 1 (d) of the CPC. against the order dated 12th July, 2002 of the 10th ADJ, Bhopal in MJC No. 15/2001 by which learned Judge has rejected the application of the appellant under order 9 rule 13 of the CPC as also the application under section 5 of the Limitation Act.
The respondent had filed the civil suit No. 116-A/2000 before the Add!. Dist. Judge, Bhopal against the appellants for possession and mesne profits in which 18.1.2001 was fixed for defendant's evidence. Since the defendants (appellants) did not appear nor their counsel appeared on that date, the case was proceeded ex-parte and on 1.2.2001 the judgment was pronounced. On learning about the ex-parte decree the appellants filed the application under order 9 rule 13 of the CPC on 18.4.200 I and later. on 28.9.2001, an application was filed under section 5 of the Limitation Act to seek condo-nation of delay in filing the application under order 9 rule 13. Both these applications have been disposed by the trial Court by the impugned order.
Learned counsel for the appellant has submitted that the appellant Abdul Aziz was 80 years old and an infirm person under medical
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