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basavaraj shiromani (Advocate)     08 December 2019

Civil law

suit for declaration of title and injunction filed by X is decreed against defendant No: 1,2,3. Def No: 3 placed exparte. subsequently defendant No: 1 and 2 preferred an appeal against X and defendant No: 3 who placed exparte before the trial court. appellant def No; 1 and 2 did not take steps to issue summons to X, therefore after sufficient opportunity, the court dismissed the appeal against X. but kept open the appeal against X who obtained the decree in trial court. what would be the fate of this appeal


 1 Replies

Dr J C Vashista (Advocate)     10 December 2019

The appeal stands dismissed in default.

1 Like

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