Supreme Court of India
Laldhari Mistri (dead) Thr. Lrs. & Anr. v. Vijay Kumar
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From the headnote
Code of Civil Procedure, 1908 - Or. IX . r. I 3 - Ex parte decree - Setting aside of- Eviction decree was passed in favour of landlord father of original appellant no.1 - Present suit for specific performance on the ground that respondent purchased the said property from landlord when eviction was already ordered - Ex parte decree passed - Trial court and appellate court dismissed the application filed by appellants for setting aside the ex parte decree - On appeal, held: The records show that respondent never appeared before the lower courts - Commissioner who visited the suit property also
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