ARUN KUMAR Vs. GULAM DOSH SIDDIQUE

JUDGEMENT

(1.) With the consent of learned counsel appearing for the parties, the matter is heard finally.

(2.) The petitioner herein is aggrieved by the order dated 3-7-2008 passed by the Civil Judge Class-II, Simga, District Raipur allowing the application preferred by respondent No.1/defendant under Order 9 Rule 13 of the Code of Civil Procedure, 1908 read with Section 5 of the Limitation Act and thereby setting aside the ex parte decree granted in favour of the petitioner/plaintiff by the trial Court on 13-9-2004.

(3.) The indisputable facts are that the plaintiff initially tried to serve the summons of the suit on the defendant/respondent No.1 by showing his address at Simga, however, when the summons was returned unserved with an endorsement that the defendant resides at Raipur, the plaintiff tried to serve the defendant at Raipur without specifying his address and when this summons was also returned unserved for want of proper address, the plaintiff moved an application for substituted service under Order 5 Rule 20 of the Code of Civil Procedure, 1908, which was allowed by the trial Court and notice was issued by publication in a local newspaper. When the defendant/respondent No.1 did not make his appearance before the trial Court on 13-9-2004, an ex parte decree was passed against him.