RAJENDRA KUMAR Vs. NANDA BAI

JUDGEMENT

(1.) Heard the parties.

(2.) By the impugned order dtd. 2/3/2016 passed in Civil Misc. Case No.52/2010, the learned trial court refused to set aside ex-parte decree dtd. 9/9/2008 passed in Civil Original Suit No.13/2006.

(3.) In the application under Order 9 Rule 13 CPC, the case of the appellant was that notice of the suit was never served on the appellant. The respondents relied upon the fact that service of notice on the appellant was effected under Order 5 Rule 15 CPC as notice of the appellant was served on his brother-Narendra Kumar.