ASHOK KUMAR SAHU Vs. MADHUSUDAN

JUDGEMENT

(1.) At the request of the parties, this Misc. Appeal is heard finally today.

(2.) This appeal is directed against an order dated 18.1.2006 passed by the 1st Additional District Judge, Rajnandgaon in Miscellaneous Judicial case No. 17 of 2004 whereby the application under Order 9 Rule 13 Code of Civil Procedure filed by the Defendant/Appellant-Ashok Kumar Sahu for setting aside the ex-parte judgment and decree dated 18.6.2004 against the Appellant/Defendant- Ashok Kumar Sahu for Rs. 60,000.00 was dismissed.

(3.) Brief facts are that on 15.1.2004 the suit was fixed for appearance of the Defendant. The summons issued against the Defendant/Appellant was returned by the process Server-Kewal Das with the report that on 21.12.2003 when he went to serve the notice and made enquiries about the Defendant in Budhwari locality, the Defendant was not present. He was informed that the Defendant had gone out of village. Wife of the Defendant was present at the house, who refused to take a copy of the notice, due to which, he made service by affixture of the notice on the main door of the house. Pursuant to such report given by the process Server Kewal Das, the First Additional District Judge proceeded ex parte against the Defendant and ultimately on 18.6.2004 i.e. after more than 5 months passed an ex parte judgment and decree for Rs. 60,000.00 against the Defendant along with interest at the rate of 6% payable by the Defendant from the date of suit till recovery.