1984 (1) TMI 344

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....nd 13 Biswas against the legal representatives of Ajmer Singh, and Hazara Singh, Dasonda Singh and Jaswant Singh on the plea that he was born on 4-10-1950 and left the village when he was only 8 years old and when he came back sometime before the filing of the suit in 1980, he found that his land was sold to Ajmer Singh on 2-7-1958 and thereafter the said Ajmer Singh sold the same to the remaining....

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....suit and had sufficient cause for not appearing in the suit. However, the application was dismissed in default. Within the period of limitation, the second set of vendees filed a regular appeal against the ex parte judgment and decree. That appeal came up for hearing before the Additional District Judge, who, by a well considered order dated 3-10-1983, found that the second set of vendees were not....

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....position, reliance was placed on Munassar Bin Jan Nisar Yarjung v. Fatima Begum and Mathai Mathu v. Kutti Kunju Kovilammu Thanka Kavilamma AIR 1953 T C. 416 . As against the above, the counsel for the second set of vendees relied on Ramballabh Jasraj Marwadi v. Dharamsi Jetha and Co. AIR 1937 Nag 268 and contended that in case no determination of the matter under O.9, R. 13 of the Civil P. C. take....

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.... properly served and that the ex parte proceedings were properly taken. If there had been a decision in that application on merits, then it could certainly be argued that it was not open to the second set of vendees to take up the matter again in appeal from the decree following the decision in Ramballabh Jasraj Marwadi's case (supra). Therefore, I hold that the matter was rightly dealt with b....