JUDGMENT - N.B. NAIK, J.:---This is an appeal against the order of the learned Civil Judge Senior Division, Aurangabad dated 9th July, 1975, whereby he dismissed the application made by the appellant original petitioner to set aside the ex parte decree in Special Civil Suit No. 37 of 1971, passed on 29th September, 1973.

The facts giving rise to this appeal are briefly these. On 9th October, 1971, Special Civil Suit No. 37 of 1971 was filed by the respondent No. 1 firm against five defendants to recover Rs. 31,000/- and odd. At the request of the plaintiff summons were sent to the defendant by registered post, acknowledgement due. Exhibit 12 is a summon which was sent to the 2nd defendant therein viz. the present appellant describing him "as M/s. Bajrang Dal Mills, a registered partnership firm carrying on its business at Sadulpur, District Churu (Rajasthan)". The acknowledge receipt shows that somebody received it on 14th January, 1972. Similarly summons to the 3rd and 5th defendants were also sent by registered post, acknowledgement due and they were served and there is no dispute about that. The 4th defendant was deleted. On 17th September, 1973, a consent decree was passed agai

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