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2008 (4) TMI 823 - SUPREME COURTExtract: .......ting the application under Order IX Rule 13. In our opinion the non service of the notice was a sufficient reason to set aside the decree against the defendant No. 3 (appellant herein). 16. In view of the above we set aside both the orders of the courts below and allow the application under Order IX Rule 13. Counsel's fee fixed at Rs. 10,000/-.
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