LAWS(PVC)-1910-3-62

ABDOOL HOOSEIN ESSUFALLY Vs. ESMAILJI ABDOOL HOOSEIN

Decided On March 21, 1910
ABDOOL HOOSEIN ESSUFALLY Appellant
V/S
ESMAILJI ABDOOL HOOSEIN Respondents

JUDGEMENT

(1.) This is a rule taken out by defendant No. 3 in suit No. 708 of 1897 t0 nave an ex party decree passed against her on the 22nd of March, 1898, set aside.

(2.) The defendant asks for this relief on the ground that no notice was served upon her, and incidentally sets forth certain facts which in substance would, if believed, show that the claim so far as it touched her was essentially false and should not have been decreed against her.

(3.) Cause is shown against the rule on two grounds: (1) that there was a good service, and (2) even if there was no good service the application is time-barred.