High Court of Judicature at Allahabad
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Sompal Singh v. State Of U.P. And Others - WRIT - A No. 59885 of 2005  RD-AH 19529 (17 November 2006)
Hon. Tarun Agarwala,J.
Heard the learned counsel for the petitioner.
The suit was decreed and during the pendency of the execution application the judgment debtor died and his heirs were brought on record. The Court executed the decree and possession was given to the decree holder on 31.3.2003. The petitioner's being the heirs of the judgment debtors filed an application under Order 21 Rule 106 of the C.P.C. for recall of the order on the ground that they were not served with any summons nor had knowledge of any execution proceedings. This application was rejected by the trial court. The revision filed was also rejected. Both the courts below have given a categorical finding of fact that the summons were duly served by refusal. This being a finding of fact and the validity of refusal having not been challenged by the petitioners, no interference is made out in a writ jurisdiction.
The writ petition is dismissed.
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