DALU Vs. KHEMA

JUDGEMENT

(1.) THIS is pltf's. appln. for revn. of an order dated 19-7-1949 of the learned Munsiff Chittor Betting aside the ex parte decree dated 4-4-1949. The facts are as follows:

(2.) THE pltf. appct. filed a suit for recovery of possession of certain land against the non-appct. Summonses were issued & a report was made that the process server went to the houses of the defts. on 17-2-1949 but they had all gone out to some other village.THE process server again went to the village of the defts. & on 4-4-1949, he personally served all the defts. except Hema with summonses. As regards Hema, his report was that he (Hema) had gone to Udaipur and therefore the copy of the plaint was affixed to his house. THE case came on for hearing on 4-4-1949 & because none of the defts. appeared it was decreed ex parte. THE defts., however made an appln. for restoration on 29-4-1919 on the ground that they were not properly served with summons. THE learned Munsiff held that all the defts. except Hema were duly served. As regards Hema he held that he was not duly served & consequently set aside the ex parte decree & restored the suit. Against this order the pltf. has come in revn. to this Ct.