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CHHATTISGARH HIGH COURT
Dhirendra Mishra, R. N. Chandrakar, JJ.
Bhajan Singh Arora v. IVth Additional Judge to the Court of District Judge Bilaspur and Others
| Table of Content |
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| 1. petitioner challenged the ex parte decree. (Para 1 , 2) |
| 2. evidence indicated defendant's unsound mind affected service of summons. (Para 3 , 4) |
| 3. objection raised regarding maintainability of application. (Para 5 , 6) |
| 4. core question of representational legality addressed. (Para 7) |
| 5. application under o.9, r.13 confirmed as maintainable. (Para 15) |
| 6. dismissal based on confirmed findings and lack of merit. (Para 16 , 17) |
1. The petitioner filed this writ petition under Art.227 of Constitution of India questioning the legality, propriety and validity of the order dated 25-8-1990 passed in Civil Revision No.04/1988 by Fourth Additional Judge to the Court of District Judge, Bilaspur affirming the order dated 18-2-1988 in M.J.C. No. 02/1978 passed by Fourth Civil Judge, Class - II, Bilaspur setting aside the ex parte decree dated 7-10-1974 against Bhola Nath in Civil Suit No. 56 - B of 1973 (parties hereinafter shall be referred to as per the description before the trial Court).
2. Briefly stated, facts giving rise to this petition are that Bhola Nath, the defendant entered into an agreement to sale dated 10-8-1973 (Annexure - P / 1) for consideration of Rs. 10,000/-
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