JAMSHED BAHADUR Vs. RASHIDA BEE

JUDGEMENT

(1.) THE appellant/defendant No. 1 has directed this appeal under section 100 of the CPC being aggrieved by the judgment and decree dated 21-7-93 passed by the District Judge, Sehore in Civil Regular Appeal No. 24-A/93 confirming the ex parte judgment and decree dated 2-3-93 passed by the iind Civil Judge Class II, Sehore in Civil Original Suit No. 158-A/92, whereby the suit of the respondent for possession of the disputed land and mesne profit, has been decreed ex parte.

(2.) THE brief facts giving rise to this appeal are that the respondent herein filed the aforesaid suit for possession and mesne profit against the appellant with respect of the agricultural land bearing Survey No. 371/1/1 area 2 acre, situated in Village Bhaukhedi Tehsil Ichchawar. After filing the suit, the summons was directed against the appellant. The same was not served for two occasions, on which, the respondent filed an application under Order 5 Rule 20 of the CPC for substituted service. The service of the notice by affixture was directed by the Trial Court vide order dated 17-12-92. In compliance of such order, as alleged, in spite of service of the summons, the appellant did not appear on the date fixed before the Trial Court, on which, the case was proceeded ex parte against him on dated 30-1-93. Subsequently, after recording the evidence of respondent No. 1, an ex parte decree was passed by the Trial Court. On filing the appeal by the appellant herein, the same was upheld by the Appellate Court as stated above against which the appellant/defendant has come forward to this court.

(3.) THIS appeal was admitted on 14-2-94 on following substantial question of law:-