SHANTI DEVI Vs. BANSI LAL

JUDGEMENT

(1.) THE application came to be filed under Order 9 Rule 13 of the Code of Civil Procedure before the trial court praying for setting aside of the exparte decree passed on 23rd October, 1992 in a Civil Suit titled Shanti Devi Vs. Bansi Lal. The application was allowed by the trial court on 14 -12 -1994 and the exparte proceedings initiated and decree passed against the defendant was set aside. A Revision has been filed against this order by the defendant petitioner. Various grounds have been taken in the revision including that the learned trial judge had fallen in error by holding that order 5 Rule 19(A) of C.P.C. was not complied with. It has been averred that since the respondent defendant had categorically refused the service, therefore, there was no case for the learned trial court to pass impugned order.

(2.) I have heard the learned counsel for the parties and have gone through the record carefully.

(3.) THE application moved before the trial court has been presented in terms of Order IX Rule 13. In order to appreciate the controversy, it will be profitable to reproduce the Rule: -