KISHORI LAL Vs. SHISH RAM

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner challenging order dated 4.8.2015 passed by Additional District Judge (Jr.Divn.), Rewari, whereby order dated 23.5.2011 passed by Civil Judge, Rewari was set aside and the ex parte decree dated 5.12.2008 was also set aside.

(2.) Plaintiff filed a suit for possession against the defendants in which notice was issued to defendant No. 1. Vide order dated 21.11.2006 it was noticed by the trial Court that the notice issued to the defendant was received back un-served and thereafter notice was issued through munadi as well as by registered post for 8.1.2007. Vide order dated 8.1.2007, registered notice issued to the defendant along with acknowledgement was received with the report that the defendant was not present at his house. Munadi was duly effected. Since none appeared before the trial Court, therefore, defendant was proceeded against ex parte and thereafter, ex parte evidence of the plaintiff was allowed to be led and ex parte decree dated 5.12.2008 came to be passed against the defendant.

(3.) Defendant/respondent filed an application under Order 9, Rule 13 CPC for setting aside the ex parte decree on 12.4.2010. The trial Court dismissed the application vide order dated 23.5.2011 on the premise that at the time of service of summon, the house of the defendant was found locked. Process server Dharambir Singh affixed copy of the summon on the door of the house of the defendant in the presence of Ram Kumar, Chowkidar. In the report of munadi, the report was submitted by Ajit Singh, process server, which was allegedly signed by Ram Kumar, Chowkidar and witness Sewa Ram son of Om Parkash. Feeling aggrieved against the order dated 23.5.2011, the defendant/respondent filed appeal before the Additional District Judge, Rewari and the same has been accepted vide judgment dated 4.8.2015.