SUNIL KUMAR DAS Vs. ANIL KUMAR DAS

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for quashing the order dated 6th July 2004 passed by 1st Additional District Judge, Bokaro in Misc. Case No. 01 of 1998, whereby learned Court below allowed application filed under Order IX, Rule 13; C.P.C. and set aside the ex-parte order dated 29.1.1993 passed in Probate Case No. 04/1991. The order has been challenged on the ground that learned Court below has passed the impugned order without properly verifying the materials on record.

(2.) Mr. Shamim Akhtar, learned counsel appearing on behalf of the petitioner submitted that the Court below has referred to the order dated 6.8.1991 and 23.8.1991 and has erroneously observed that the notice was not issued on the opposite party. But, it would be evident from Annexure-C to the counter-affidavit that notice was issued and served on the respondent. Learned counsel submitted that the order sheets of the said dates show that the notice was served on opposite party No. 2, but he refused to sign.

(3.) Learned counsel appearing on behalf of the respondents opposed the petition and supported the impugned order. He referred to the documents on record in support of his submissions.