AJHAR ALI Vs. SAIDUR RAHMAN @ SAIDUL ISLAM

JUDGEMENT

(1.) Against an ex parte decree, dated 10.7.2009, passed, in Title Suit No. 58 of 2009, by the court learned Munisiff No. 1, Barpeta, an application was made, under order IX, rule 13, CPC, by two defendants, against whom, the said ex parte decree had been obtained. By the said application, the said defendants sought to get set aside the said ex parte decree on the ground that the defendants had not been served with the summons issued to them in the said suit. By order, dated 19.5.2011, as the learned Munsiff has set aside the joint decree passed against the two defendants, namely, defendant Nos. 1 and 2, the plaintiffs, feeling aggrieved, has filed this revision.

(2.) Heard Mr. I.H. Laskar, learned counsel for the petitioner-plaintiffs.

(3.) While considering the present revision, it may be noted that according to the report of the Process Server, the defendant No. 1 was served with the summons on 20.3.2009 and the defendant No. 1 also received summons on behalf of his own brother, namely, defendant No. 2, who is major.