Order 9, Rule 13 CPC Dismissal of application…

_*• Order 9, Rule 13 CPC Dismissal of application for setting aside exparte judgment Challenged Plea of petitioner that he was neither served properly nor was he aware about pendency of suit – Held, orders shows that report of process server does bear thumb impressions of petitioner, and when petitioner was confronted with fact during his cross examination, he did not deny affixation of his thumb impressions, rather he came up with evasive replies and feigned ignorance about same Admission of uncle of petitioner that he was present with petitioner when process server came to effect service upon him and also admitted factum of petitioner engaging counsel to contest civil suit Therefore, petitioner duly served with summons and he was well aware about pendency of suit in question – Hence, dismissal of application for setting aside of judgment upheld. [Paras 7 and 8]*_

_*Shinda vs Ragbhit CR 4274/22 23/11/22 [ NEHRU JJ ]*_

_*[ PUNJAB HARYANA HIGH COURT ]*_

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