Roshan Lal v. Parmanand
Case brief
What is this about?
Appeal against dismissal of application to set aside ex-parte decree. High Court allowed appeal, set aside impugned order, remanded matter for evidence on service, and directed deposit of amount.
What did the court decide?
Impugned order set aside; trial court directed to decide application after affording opportunity to lead evidence; appellant directed to deposit Rs.70,000/-.
What the court decided
HIGH COURT OF JUDICATURE FOR, RAJA~THAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 221812003
Roshan Lal son of Shri Natthu Ram, by caste Ahir, resident of village Partapur, Tehsil Behror, Distt. Alwar (Raj.)
----Appellant
Versus
Parmanand son of Shri Jairam, by caste Chamar, resident of
Aditya Mathur
: Mr. Gaurav Gupta
WEASH GUPTA
der 43 Rule l(d), the appellant-defendant see bs l!d nge the order dated I F 10.09.2003 passed q p:.:,yy: Alwar in Civil Mi , $< **_*"+s_* '"" k.-&%#f .!It$"" 6 1 .f$; whereby the hg$&;al'& application filed by th $&ajnt. @&:;;% under Order 9 Rule 13 CPC was dismissed.
Brief facts of the case are that the plaintiff-respondent filed a civil suit against the appellant-defendant for recovery of Rs. 1,22,640/-.
Issues for consideration
1 issue framed by the court
Whether the trial court erred in dismissing the set aside application by not affording a reasonable opportunity to lead evidence regarding service of summons.
Parties & counsel
- appellant
Roshan Lal
- respondent
Parmanand
- respondent
Aditya Mathur
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CMA/2218/2003
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