RAMSINGH Vs. NATHULAL

JUDGEMENT

(1.) THIS is an application by the defendant in revision against the appellate order of the learned Civil Judge, Bharatpur, and arises under the following circumstances: - The plaintiff Nathulal filed a suit against the applicant Ramsingh for cancellation of a certain sale deed. In that suit summons were issued to the defendant for the 30th November 1948. The summons were returned by the process server with his report dated the 22nd November 1948 to the following effect: - "that he presented the summons before Ramsingh of Ludha-bai, but he returned it after reading it and said that he was living in a village and was not living in Bharatpur City. Therefore, summons should be served on him in the village. " After the receipt of this report the learned Munsif Bharatpur in whose court the suit was pending, made an order for proceeding ex parte against the defendant on the 30th November 1948 and after recording ex parte evidence passed an ex parte decree on the 22nd December 1948. On the 12th March 1949, the defendant made an application under O. 9 R. 13 for setting aside the ex parte decree on the ground that he had not been served with the summons and that he came to know of the ex parte decree for the first time on the 24th February 1949. THIS application was supported by an affidavit. The learned Munsif, in view of the report of the process server, held that the defendant had been informed of the date of hearing of the suit and that his application having been filed 2-1/2 months after the date of the decree, was liable to dismissal. He consequently dismissed the application.

(2.) THE defendant filed an appeal against this order and the learned Civil Judge upheld the order of the first court. THE defendant Ramsingh comes in revision to this court.