HAFIZ MOHAMMED SABIR Vs. CIVIL JUDGE JUNIOR DIVISION

JUDGEMENT

(1.) AT the request of the learned counsel for the parties, the arguments were heard and writ petition is being disposed of finally.

(2.) THE defendant/petitioner has preferred this writ petition challenging the impugned order dated 7. 5. 2007 (Annexure 6)passed by the learned Civil Judge (Junior division), First Class (South), Kota, whereby an application filed by the defendant/petitioner for setting aside the exparte order, has been dismissed.

(3.) THE submission of the leaned counsel for the defendant/petitioner is that although the summon on defendant was not served upon him personally, but service was treated as complete on the basis of report of process server to the effect that defendant refused to accept the summon, but he moved an application within 18 days itself i. e. on 4. 8. 2005 for setting aside the exparte order dated 18. 7. 2005, therefore, looking to all the facts and circumstances of the case, the application filed by the petitioner, ought to have been allowed.