Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

A.O No.418 of 2024

Hon’ble Alok Mahra, J.

Mr. Shivam Sharma, Advocate for the

appellant.

Mr. Siddhartha Singh, Advocate for

the respondent.

2. This Appeal From Order has been filed, challenging the order dated 01.08.2024 passed by learned Civil Judge (Senior Division), Vikas Nagar, Dehradun in Misc. Case No.18 of 2019, whereby application filed by the appellant under Order 9 Rule 13 C.P.C., seeking setting aside of the ex-parte decree, has been

dismissed.

3. The principal ground canvassed by the appellant in the present Appeal is that the notice of the suit was never served upon him and that at the time when the notice came to be published in the daily newspaper, namely, Rashtriya Sahara, the appellant was not at Dehradun and, consequently, he had no knowledge of the pendency of the proceedings. It is further contended that the appellant, for the very first time, became aware of the ex-parte decree only on 28.09.2019, when upon visiting the disputed property, he was apprised by certain persons that the suit had already been decreed ex-parte, whereafter he immedia