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THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH, JAIPUR

ORDER

S.B.CIVIL MISC. APPEAL NO.1594/2008.

Shamim Aara.

VERSUS

Shama & Another.

23.04.2008.

HON'BLE MR.JUSTICE DALIP SINGH

Mr.Vigyan Shah, for the appellant.

*****

Heard learned counsel for the appellant

and perused the impugned order dated 18.03.2008

by which the application filed by the appellant

under order 9 Rule 13 C.P.C. has been dismissed

by the learned trial court.

The principal submission of the learned

counsel for the appellant is that the appellant

was impleaded as a party subsequent to the

filing of the suit by allowing an application

under Order 1 Rule 10 C.P.C. filed by the

plaintiff. It is submitted that after the order

impleading the appellant was passed, the

summons were not served upon the appellant and

there was collusion between the plaintiff and

the defendant vendor.

The learned trial court has given a

categorical finding that the summons were

issued to the appellant and the same were sent

on the address of the appellant for appearance

12.08.1999. The finding of the learned court

below is that the aforesaid summons for

12.08.1999 were recei