VISALAKSHI Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THE O. S. A. No. 263 of 2002 is preferred by the appellant/applicant/respondent as against the orders passed by the learned Single Judge dated 16. 07. 2001 in C. A. No. 510 of 1999 in C. P. No. 88 of 1989.

(2.) THE appellant/applicant/respondent has filed an Application C. A. No. 510 of 1999 in C. P. No. 88 of 1999 praying for a relief to set aside the decree for a sum of Rs. 13,640/- with future interest passed in C. A. No. 1494 of 1993 in C. P. No. 88 of 1989 dated 14. 06. 1997.

(3.) THE learned single Judge has passed an order in C. A. No. 510 of 1999 dated 16. 07. 2001 in dismissing the said application. The learned single Judge has come to the conclusion that, the Official Liquidator has also filed an affidavit of proof of service where, there is an acknowledgment card which shows that notice has been served. The learned Judge who heard the matter has recorded a finding that, 'the sole respondent has been served. In view of the factual finding recorded on 14. 06. 1997, that the sole respondent has been served, I am unable to accept the submission made by the learned counsel for the applicant that the sole respondent has not been served etc. '