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CHHATTISGARH HIGH COURT
Unknown Judge, J
Dhelabai and Others v. Ramnath Gayaram Yadeo and Others
| Table of Content |
|---|
| 1. challenge to legality of ex parte decree. (Para 1 , 2 , 3) |
| 2. arguments on improper service of summons. (Para 4 , 5) |
| 3. court's discussion on legal service requirements. (Para 6 , 7 , 8) |
| 4. justification for dismissal of application. (Para 9) |
| 5. final decision to dismiss the revision. (Para 10) |
1. By this revision, the applicants have challenged the legality and propriety of the order dated 2-2-2002 passed by the Second Additional District Judge, Baloda Bazar in Misc. Civil Appeal No. 29/98, affirming the order dated 4-5-93 passed by the Civil Judge Class - II, Baloda Bazar in Misc. Civil Suit No. 13/93 whereby the learned Civil Judge, Class - II dismissed the application under O.9, R.13 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') filed by the applicants for setting aside ex parte decree passed against them.
2. The order is challenged on the ground that the finding of the Courts below are perverse and caused substantial injustice to the applicants.
3. Brief facts of the case are that Civil Suit No. 61A / 90 was filed by deceased Ramnath (father of non - applicant No. 1 and husband of non - applicant No. 2) against Hari and Jaita which
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