Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 13 – Setting aside exparte judgment – That deceased had left home and has not been seen or heard of by persons, who would have ordinarily done so for the last more than seven years, as such, he was presumed to be dead and plaintiff was entitled to get landed property – Only arrayed General Public was required to implead relatives – The version of applicants needs to be known and considered and then the dispute can be adjudicated in a proper and appropriate manner - Though applicants have not been impleaded as defendants by the plaintiff but they can certainly appear in the Court and give their version being members of the general public - Even otherwise, they can be brought on record as defendants being necessary parties – Ex parte decree set aside – Order upheld.
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