SURESH SINGH Vs. MAHESHWAR SINGH

JUDGEMENT

(1.) -This is an appeal by some of the defendants whose application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside an ex parte decree passed against them on 17-10-1977 in Title Suit no. 94 of 1975 by the Subordinate Judge, Aurangabad, has failed.

(2.) Some necessary facts may briefly be stated. The plaintiff-respondents had instituted the suit for a declaration that they were the statutory tenants of the suit lands and the defendants had no right or interest in the same. They had claimed some further reliefs, such as partition injunction etc. Attempts to serve summonses on the defendant were made by all the known procedures, namely (1) ordinary way of service of summonses, (2) service by registered cards, which returned back with endorsement of refusal, and then (3) by publication in the official gazette When the defendants did not appear in spite of all these steps the suit was taken up ex parte and was decreed on 17-10-1977.

(3.) On 23-1-1978 an application under Rule 13 of Order IX read with Section 151 of the Code of Civil Procedure was filed by the appellants alleging that neither the summonses nor the registered cards were served upon them and that the service reports were collusive. According to their further case, they learnt of the ex parte decree for the first time on 15-1-1978 and accordingly the aforesaid application was filed, after making some enquiries on 23-1-78, for setting aside the ex parte decree.