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Badri Pd.And Others v. Ram Khelawan And Others - SECOND APPEAL No. 1172 of 1983  RD-AH 13459 (17 August 2006)
17-08-2006 Hon'ble S.P. Mehrotra, J.
Case called out in the revised list.
Learned counsel for the plaintiffs-appellants Nos. 2 and 3 is not present.
Sri S.K. Mishra, learned counsel for the defendants-respondents is present.
Pursuant to the order dated 20th July, 2006 in regard to service of notices issued to the persons mentioned at Item No. 3 to 9 in paragraph 3 of the Counter Affidavit filed in reply to the Affidavit accompanying Civil Misc. (Delay Condonation) Application No. 4846 of 1993 (dated 4-11-1993) and Civil Misc. (Substitution) Application No. 4847 of 1993 (dated 4-11-1993), as per the directions given in the order dated 7-3-2006, the Office has submitted its Report dated 11th August, 2006.
The said Office Report dated 11th August, 2006 shows that the notices issued to the persons mentioned at Item Nos. 3, 4, and 6 to 9 in the said paragraph 3 of the Counter Affidavit have been duly served, and the Acknowledgement Cards have been received back.
As regards the service of notice on the person mentioned at Item No. 5 in the said paragraph 3 of the Counter Affidavit, the said Office Report, inter-alia, states that neither undelivered cover nor Acknowledgement Due Card has been received back so far.
In view of the said Office Report, service of notice on the person mentioned at Item No. 5 in the said paragraph 3 of the Counter Affidavit, is deemed to be sufficient.
The aforementioned Application will now be listed after two weeks for consideration.
Second Appeal No. 1172 of 83/AK
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