( 1 ) THE suit filed by the respondent for recovery of the balance of unpaid money under a registered Assignment Deed was decreed ex parte on the ground that the defendant had refused to take the summons. Immediately thereafter, the defendant moved the Court with an application under Or. 9, r. 13 of the CPC for setting aside the ex parte decree, stating that she had not refused any summons, nor was it tendered to her. The trial Court after considering the evidence recorded a finding adverse to the defendant and also observed that the defendant had indirect knowledge about the filing of the suit. The correctness of the rejection of the application is called into question in this appeal.

( 2 ) THE Court below in support of its conclusion has relied upon the following statement at para (8) in the evidence of the defendant :"about 11 months back from today I received that notice, I did not receive that notice. My husband was not in the. house and hence i did not receive it. I informed the postman that in the absence of my husband I cannot receive the notice. Myself, my husband and my children reside in the house. My children had gone to the school when the notice was brought by the pos

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