TARACHAND Vs. NANCHIA

JUDGEMENT

(1.) THIS is an application for the revision of the appellate order of the Additional Commissioner I, Jaipur, dated 19-1-1960, whereby the appeal of the opposite party against the order of the Assistant Collector, Jaipur dated 30-8-1958 was accepted.

(2.) THE facts are that the applicants had filed a suit under sec. 177 of the Rajasthan Tenancy Act, 1955 against Nanchia, opposite party, and some others. THE service of summons of Nanchia was not made personally, but substituted service was resorted to by the fixture of summons at the house of Nanchia. THE suit was decreed against Nanchia and others. On 2-1-1958, Nanchia, opposite party, filed an application in the trial court for having the ex parte decree against him set aside. He alleged in his application that he had knowledge of the ex parte decree on 1-2-1957. THE trial court rejected the application, disbelieving the plea that Nanchia had no knowledge of the ex parte decree earlier. On an appeal preferred by Nanchia, the learned Additional Commissioner found that on the summons which was intended to be served on Nanchia, opposite party, there was an endorsement that he had changed his residence to Sanganer. THE learned Additional Commissioner, therefore, held that the substituted service was improper. THE appeal was accepted on this ground.