Acquiring listened to and viewed as the arguments Sophisticated in light-weight of the fabric on history, we are with the check out which the Petitioner may be the architect of his have distress for if he felt aggrieved from the Judgment rendered within the Match, he should have availed the proper of charm presented underneath the legislation rather than squandering that chance and belatedly resorting to the appliance under section 151, which inevitably fulfilled its fate.
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It transpires which the plaintiff submitted suit for declaration, everlasting injunction and possession from the defendant. It really is proven fact that the defendant failed to seem ahead of this courtroom and declared as Ex Parte.
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To be able to bolster that argument, discovered counsel submitted that Accommodate No. 874 of 2008 had been submitted by a similar Petitioner in opposition to Yet another social gathering in regard of another premises in the very same making and were decreed despite proceeding underneath equivalent situation, hence This Site it was obvious the Judgment and Decree inside the Fit warranted my website correction. He prayed that the Petition be authorized so as to overrule the orders of fora underneath and to declare the Petitioner’s possession of the topic Property and get that possession thereof be restored to him.