NAND KISHORE PRASAD SINGH S/O SHRI GOPAL SHARAN (DECEASED) Vs. SHRI PRAVEEN KUMAR SINGH S/O LATE SHRI NAND KISHORE PRASAD SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 22nd April, 2017 passed by learned Additional District Judge No.3, Jaipur Metropolitan, Jaipur whereby the application filed by the defendant-non-petitioner under Order 9, Rule 13 CPC was allowed and the ex parte judgment and decree dated 23rd May, 2016 were set aside.

(2.) Briefly stated the facts of the case are that the plaintiff petitioner filed a civil suit against the defendant-non-petitioner for declaration on 8th May, 2006. In the suit when the defendant did not appear an ex parte order was passed against him on 17th November, 2015 and finally ex parte decree was passed on 23rd May, 2016. The defendant-non-petitioner filed an application under Order 9, Rule 13 CPC to set aside the ex parte decree. The application was allowed by the learned trial court on 22nd April, 2017.

(3.) The trial court after detailed discussion about the service of summons upon the defendant held that the service upon the defendant was improper and consequently allowed the application. Hence, this revision petition. Heard learned counsel for the parties.