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TMI Blog1984 (1) TMI 344X X X X Extracts X X X X X X X X Extracts X X X X ..... and Jaswant Singh on the plea that he was born on 4-10-1950 and left the village when he was only 8 years old and when he came back sometime before the filing of the suit in 1980, he found that his land was sold to Ajmer Singh on 2-7-1958 and thereafter the said Ajmer Singh sold the same to the remaining three vendees. Ajmer Singh would be called the first vendee and the remaining defendants would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssed in default. Within the period of limitation, the second set of vendees filed a regular appeal against the ex parte judgment and decree. That appeal came up for hearing before the Additional District Judge, who, by a well considered order dated 3-10-1983, found that the second set of vendees were not served in the suit and, therefore, the ex parte proceedings, against them were illegal. Conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u v. Kutti Kunju Kovilammu Thanka Kavilamma AIR 1953 T C. 416 . As against the above, the counsel for the second set of vendees relied on Ramballabh Jasraj Marwadi v. Dharamsi Jetha and Co. AIR 1937 Nag 268 and contended that in case no determination of the matter under O.9, R. 13 of the Civil P. C. takes place on dismissal in default, the Appellate Court from the ex parte decree can go into the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision in that application on merits, then it could certainly be argued that it was not open to the second set of vendees to take up the matter again in appeal from the decree following the decision in Ramballabh Jasraj Marwadi's case (supra). Therefore, I hold that the matter was rightly dealt with by the lower Appellate Court. 4. No argument was raised before me on merits of the decision o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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