Dismissed

Murlidhar Agrawal v. Bhartiya Red Cross Society and Others

Chhattisgarh HC7 Aug 2012MA/812/2004

Case brief

AI extract

What is this about?

This is an appeal under Order 43 Rule 1(d) CPC against the dismissal of an application to set aside an ex-parte judgment. The High Court held the appeal devoid of merit as the appellant failed to prove non-service of summons or that the written statement on record lacked his signature, especially given he did not report the matter to police or the Bar Council.

What did the court decide?

The appeal is dismissed. No order as to costs.

Murlidhar Agrawal Vs Bhartiya Red Cross… — Civil Procedure and Limitation | Chhattisgarh HC (2012)

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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M.A. No. 812 of 2004

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APPELLANT : - Murlidhar Agrawal S/o Gajanand Agrawal, aged about 45 years, occupation Business R/o Ex. Vice President, Kharsia and Delhi Red Cross Society, Branch

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Kharsia.

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VERSUS

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RESPONDENTS. :

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Bhartiya Red Cross Society, District Branch-Raigarh, Through Secretary, Red Cross Society, Raigarh (CG).

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Bhartiya Red Cross Society, Kharsia, Through: Girdhar Gupta "President

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S/o Dinanath Red Cross Society, Kharsia.

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Secretary, Omprakash Gupta S/o Kundanlal, age 55 years, R/o Kharsia.

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Omprakash Gupta S/o Kundanlal Gupta.

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Ratanlal Agrawal S/o Mangeram Agrawal Age 45 years, Ex. Secretary, Red Cross Society,

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"Kharsia, District Raigarh (CG).

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(APPEAL UNDER ORDER 43 RULE l(D) OF CODE OF CIVIL

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PROCEDURE. 1908)

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<Single Bench: Hon'ble Mr. N.K. AsarwaL J.V

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Present : Shri Amit Sharma, Advocate for the appellant.

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ORALORDER

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(Passed^{on 07.08.2012)}

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Heard on admission.

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Instant appeal is directed against the order dated 23.03.2004, passed^{by IIndAdditionalDistrictJudge,Raigarh,inMisc.Civil} Suit No. 7/02, whereby and whereunder the appellant's application filed under Order 9 Rule 13 of CPC for setting aside ex-partejudgment and decree has been dismissed.

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Brieffacts necessary for disposal ofthis appeal are that: appellant preferred^{anapplicationforsettingasideexparte} judgment^and decree dated 20.07.2001 passed by IInd Additional District Judge, Raigarh in Civil Suit No. 3-B/99, iuter alia on the ground that summons were not served upon him and he has not filed any written statement in the case. The trial eourt vide order impugned dismissed the application filed by the appellant. Hence this appeal.

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I have heard the counsel appearing for the appellant and perosed the order impugned.

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A bare perusal of order impugned would reveal, the appellant although stated in tiie application that he has not filed any writtea statement in fte ease, bufln the record, his written statement along with signature filed by his Advocatfr Sfari V.K. Punjabi and his associates is available. Appellant neither addueed any cogent

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• evidence to show that written statement does not bear his

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signature nor has reported the matter to fhe Police and/or to tfae State Bar Council of Chhattisgarh. The appellant also failed to prove that summons were not duly served upon him, and therefore, in the considered opinion of this court, the trial eourt has aot committed any illegality in dismissing the appellant's application filed under Order 9 Rule 13 of CPC. The appeal, on the face, is devoid ofmerit.

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No other points have been raised.

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For the reasons mentioned hereinabove, the appeal fails and is

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aceordiagly dismissed. No order as to costs.

Sd/-

N. K. Agarwal Judge

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.^aSSW:

Murlidhar Agrawal v. Bhartiya Red Cross Society and Others

Case brief

What is this about?

What did the court decide?

Murlidhar Agrawal v. Bhartiya Red Cross Society and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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