BHUWANLAL Vs. NARSINGH

JUDGEMENT

(1.) The instant appeal filed by defendant No. 1 is directed against the order dated 11.07.2008 passed by the 1st Additional District Judge, Rajnandgaon in M.J.C. No. 17/2007. Facts necessary for disposal of this appeal are as under:--

(2.) I have heard learned counsel for the parties and perused the record of Court below.

(3.) Earlier, the trial Court issued summons against the appellant for his appearance in the case on 7.12.2005. On that day, Presiding Officer was on leave and the case was posted on 3.1.2006 for proper orders, that is to say, 3.1.2006 is not the date of hearing. On that date, the appellant was proceeded ex parte. Again on the basis of service of summons upon the appellant by registered post, the appellant was proceeded ex parte and ultimately ex parte decree was passed.