LAWS(MPH)-1997-1-6

CHARANLAL PATEL Vs. KAVITA JAIN

Decided On January 31, 1997
CHARANLAL PATEL Appellant
V/S
KAVITA JAIN Respondents

JUDGEMENT

(1.) Civil Suit (No. 8-A/94) was filed for ejectment of the present applicant Charanlal Patel on 16-3-94. The notices were issued to him by the civil Court by process and the same were returned with the following endorsements :The trial Court found the service sufficient and proceeded ex parte and the suit was decreed ex parte on 6-5-94.

(2.) On 15-11-94, the present applicant filed an application for setting aside the ex parte judgment and decree under Order 9 Rule 13 C.P.C. which was rejected by the trial Court on 13-5-96 as the trial Court was not satisfied.

(3.) Before the trial Court, process server and one Lakhmichand were examined. An appeal was preferred before the lower appellate Court under Order 43 Rule 1(a) C.P.C. which appeal was dismissed on 2-12-96 and this order dated 2-12-96 is the subject-matter of the present revision.