SURJEET SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS revision is directed against the order dated 10.4.89 of VIth Addl. Judge to the Court of District Judge, Indore in C.S. No. 10 -B/88, whereby the applicant defendant's application under O. 9., R. 7 C.P.C. for setting aside the ex parte order has been dismissed.

(2.) THE brief history of the case is that the non -applicant State Bank filed a suit for recovery of certain amount, which was given as loan to the applicant -defendant No. 1. It appears that in the lower Court service on defendant was not effected and as such a publication was made. Now, the contention of the learned counsel for the applicant -defendant is that the publication was made by giving wrong name of the father and he had no notice of the suit.

(3.) THE revision is, therefore, accepted. The ex parte order is set aside subject to costs of Rs. 500/ - which shall be paid by the defendant -applicant on the first date of appearance before the lower Court. Parties are directed to appear before the lower Court on 12.11.92. No further notice will be required. Costs shall be paid on same day. Accordingly ex parte order shall stand set aside.