DINANATH THAKUR Vs. DINANATH SAO
LAWS(PAT)-2004-12-60
HIGH COURT OF PATNA
Decided on December 14,2004

DINANATH THAKUR Appellant
VERSUS
DINANATH SAO Respondents





Cited Judgements :-

JANG BAHADUR SAHNI AND ANR. VS. JAGAN SAHNI AND ORS. [LAWS(PAT)-2012-10-111] [REFERRED TO]
OM PRAKASH GUPTA VS. ARBIND KUMAR [LAWS(PAT)-2009-9-5] [REFERRED TO]


JUDGEMENT

S.N.Hussain, J. - (1.)Heard learned counsel for the parties.
(2.)The petitioner is defendant-appellant who is aggrieved by order dated 5.8.2003 by which the learned 7th Additional District Judge, Rohtas at Sasaram, dismissed Misc. Appeal No. 37 of 1999 and affirmed order dated 29.7.1999 by which the learned Sub-Judge-IV, Sasaram, rejected the petitioner's petition under Order IX, Rule 13, CPC bearing Misc. Case No, 1/1993 which was filed by the petitioner for setting aside the ex parte decree dated 21.8,1990 as amended subsequently by order dated 13.3.1992.
(3.)The short fact of the case is that the plaintiff-respondent-opposite party had filed Title Suit No. 25/1986 for declaration of his title and recovery of possession and for declaration that the two sale deeds relied upon by the defendant-petitioner were void and not binding upon him. The said suit was decreed ex parte on 21.8.1990 which was subsequently amended on 13.3.1992.


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