SHAKUNTALA SINGH Vs. BASANT KUMAR THAKUR

JUDGEMENT

(1.) APPELLANT has filed present appeal challenging the order passed by the Court beiow by which her application under Order 9, Rule 13, Civil Procedure Code was rejected.

(2.) RESPONDENT Basant Kumar filed a suit bearing No. 7A/1994 on 7 -3 -1994. This suit was decided ex parte on 26 -7 -1994. The contention of the appellant is that summon was not served in the suit. On the other hand the respondent submits that appellant was duly served through her husband and was having knowledge of the suit. Another summon was issued in the name of mother of the applicant Smt. Girija Bai (Ex. D. 3), on which husband of appellant made an endorsement that she resides at Jhansi. This endorsement was made on 24 -3 -1994 and on the same day the husband of the appellant refused to receive the summon Ex. D. 3, issued to appellant and because of which ex parte order was passed against the appellant. The application filed by the appellant was also barred by time.

(3.) LEARNED counsel for the respondent submits that: -