TEKCHAND BAJAJ Vs. INTERNATIONAL CORPORATION

JUDGEMENT

(1.) . This us an appeal brought to this court under Order 43 Rule (d) of the Civil Procedure Code by the applicant of the Civil Misc. Application no. 58 of 1979 dismissed by the learned Civil Judge (S D.) Jamnagar who thereby refused to set aside the ex-parte decree passed against him by the learned Judge in the Special Civil Suit No. 74 of 1973 of his court.

(2.) The ex-parte decree by recourse to Order 9 Rule 6 of the Civil Procedure Code was passed by the learned trial Judge on 24-10-74 after finding that the summons to this applicant the defendant no. 1 should be deemed to have been served under Order 5 Rule 21(a) of the Code as the envelope by which the summons was dispatched was returned bearing the postal endorsement refused. The decree-holder filed the execution application by getting the decree transferred to the competent court at Chandigarh in Punjab and it is the say of the applicant the appellant herein that he came to know of the passing of the decree only when the execution process came to be intimated to him.

(3.) The application was stoutly resisted by the decree holder who contended that the defendant no. 1 was rightly deemed to have been duly served with summons.