MUKESH KUMAR SHARMA Vs. GIRISH CHANDER

JUDGEMENT

(1.) (Oral) - Impugned order of 15th Sept., 2015 declines appellant's application seeking setting aside of ex parte judgment while holding that there was refusal of summons by sister of appellant-defendant and on another occasion, the summons was pasted on the door of the house of appellant as his mother had told the process server that appellant had gone outside and she did not know when appellant would return.

(2.) The challenge to the impugned order by learned counsel for appellant is on the ground that the report of the process server is not per se admissible and the evidence of process server ought to have been recorded by the trial court before relying upon the report of the process server. It is submitted that had the evidence of the process server been recorded, the appellant would have had an opportunity to cross-examine the process server on the aspect of not affixing the copy of the plaint on the door of the appellant's house. Thus, it is submitted that impugned order deserves to be set aside.

(3.) On the contrary, it is submitted by learned counsel for respondent that impugned order suffers from no illegality as the report of 30th April, 2011 of the process server is clear regarding summons being affixed on the door of appellant's house. Thus, it is submitted that there is no substance in this appeal and it deserves to be dismissed.