VIJAY PRASAD CHAUDHARY Vs. MAMTA DEVI

JUDGEMENT

(1.) HEARD.

(2.) IN this revision under Section 115 of C.P.C. the applicant has called in question the order passed by the trial Court allowing the respondent Mamta Devi's application under Order 9 Rule 13 of C.P.C. and thereby setting aside the ex-parte judgment and decree dated 20/02/2001.

(3.) FROM the order passed by the Courts below, it does not appear, that the serving officer had filed an affidavit to verify the endorsement made by him regarding refusal of notice by the noticee. It also does not appear that the Court, while proceeding ex-parte, examined the Postman or has made any further enquiry before declaring that the summons has been duly served. Thus, the learned trial Court committed illegality at the first instance while proceeding ex-parte without following provision contained in Rule 19 of Order 5 of C.P.C.