N.L. UNTWALIA, J.

(1) THIS appeal by special leave is from the Judgment of the Madhya Pradesh High court reversing the decision of the Second Additional District Judge. Indore in Miscellaneous Judicial Case No. 23 of 1975. The appellant company had filed that case under Order 9, Rule 13 of the Code of Civil Procedure, hereinafter called the Code, for setting aside an ex parte decree for Rs. 28,479.00 passed in favour of the respondent firm on 22/04/1975 against the appellant. The learned Additional District Judge held that summons in the suit was not duly served on the company and it came to know about the decree on 29/07/1975. Hence he set aside the ex parte decree. The respondent firm filed a revision in the High court under S. 1 15 of the Code. The High court allowed the revision, set aside the judgment of the trial court and upheld the passing of the ex parte decree, Hence this appeal.

(2) THE respondent filed the suit at Indore on 24/02/1975 against the appellant claiming damages to the tune of Rs. 26,000.00 on account of the alleged non-delivery of certain goods. Summons in the suit was sent to the registered office of the company in Calcutta and is said to have