High Court of Judicature at Allahabad
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Buland v. Additional District Judge/Special Judge, Jaunpur And Others - WRIT - C No. 13616 of 2006  RD-AH 5368 (7 March 2006)
HON'BLE UMESHWAR PANDEY, J.
Heard the learned counsel for the parties.
By the impugned orders, the courts below have rejected the petitioner's application under Order IX Rule 13 C.P.C. for setting aside the exparte decree dated 9.11.1997.
The learned counsel for the respondents Sri M.A. Qadeer submits that the impugned order did not refer to any personal service of notice or summons of the suit upon the petitioner.
The order-sheet of the two proceedings demonstrate to the fact that the petitioner did have personal service of the summons or notice and for that purpose he may be given time to file counter affidavit.
Let counter affidavit be filed within a period of two weeks and rejoinder affidavit, if any, may be filed within one week thereafter.
List the case thereafter in the second week of April, 2006.
Meanwhile, till the next date of listing, the execution of the decree dated 7.11.1997 shall remain suspended.
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