RANJEET SINGH BINDRA Vs. RAJESH TIKRIHA

JUDGEMENT

(1.) Legality and propriety of the order dated 18.08.2011 passed by IInd Civil Judge Class-I, Raipur, in MJC Case No. 27/2007, setting aside ex parte judgment and decree passed in favour of applicant/plaintiff, is under assail in the instant revision.

(2.) The facts in brief, shorn of details, and necessary for disposal of this civil revision lie in a narrow compass. The plaintiff instituted a suit for permanent injunction against the respondent/defendant on 25.09.04 along with an application for grant of temporary injunction. The trial court directed service of summons upon the defendant through Special Process Server and fixed the case for defendant's reply on 30.09.04. Defendant's address shown in plaint is as under:

(3.) As per service report, near Tatyapara Square, Raipur, the summons was served upon the wife of defendant on 29.09.04. On 30.09.04, the case was adjourned for 04.10.04 as Presiding Officer was on leave. On 04.10.04, the trial court proceeded ex-parte against the defendant and ultimately on 24.11.04 an ex-parte judgment and decree was passed.