NIRMAL JAIN Vs. BHILWARA PROCESSOR LTD

JUDGEMENT

(1.) At the request of learned counsel for the parties, the appeal is heard finally. The appellant is aggrieved from the order dated 22.4.2004 passed by the Learned Additional District Judge No.1, Bhilwara in Civil Misc. Case No.15/2003.

(2.) Brief facts of the case are that the plaintiff/ respondent filed the suit for recovery of Rs.1,24,813.87p. against the defendants no.1 and 2 firms K.K Agencies and Himani Fabrics through its proprietor Nirmal Jain. The plaintiff also impleaded Nirmal Jain as defendant no.3. The address of the defendants no.1 and 2 is given as Om Textile Tower, Pur Road, Bhilwara whereas the address of the defendant no.3 is A-48, Shastri Nagar, Bhilwara. Notices were sent to the defendants by the trial court which are received unserved upon which the trial court directed to serve the notices on new addresses of the defendants. The notices were sent by registered post as well as ordinary post. The report on the summons sent by the ordinary post reveals that the process server reported that the said firms are not at the address given in the summons and for defendant no.3, it was reported that he is not residing at the place given in the summon. The summon sent by registered post on a different addresses were served as acknowledgement receipt received with signature of one Kamal whereas the process server reported that neither the firms are there on the addresses given in the summons or the defendant no.3 is residing at the address given.

(3.) The defendant no.3/present appellant submitted an application for setting aside the ex-parte decree dated 13.8.2001. The trial court observed that the address given in the plaint are the same address as given by appellant