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2025 Supreme(Online)(MP) 5610

HIGH COURT OF MADHYA PRADESH
G. S. AHLUWALIA, J
SMT.SHYAMKUMARI – Appellant
Versus
DEEPAK KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: Shri Prashant Sharma
For the Respondents: None

Table of Content
1. applicant unaware of case transfer, leading to ex parte decree. (Para 2)

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA th ON THE 25 OF AUGUST, 2025 CIVIL REVISION No. 117 of 2011 SMT.SHYAMKUMARI Versus DEEPAK KUMAR Appearance:

Shri Prashant Sharma, Advocate for the applicant.

None for the respodnent.

ORDER The Civil Revision, under Section 115 of CPC, has been filed against the order dated 14-12-2009 passed by III Additional District Judge, Vidisha, in Misc. Civil Appeal No. 11A/2009, as well as, order dated 15-5-2009 passed by Civil Judge, Class-I, Vidisha, in MJC No. 5/2005, by which an application filed by applicant under Order 9 Rule 13 CPC for setting aside ex parte decree has been rejected.

2. It is the case of the applicant that the respondent filed a suit for recovery of Rs.41,000. The applicant, after receiving notice, appeared before the trial Court. On 18-6-2003, the presiding officer was on leave and accordingly the case was adjourned for 4-8-2003. On 4-8-2003, the presiding officer was transferred and therefore the court was vacant, and accordingly the case was fixed for 2-12-2003. In the meanwhile, the case wa

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