JUDGMENT - S.B. MHASE, J.:--- This Civil Revision Application is directed against the order passed by the Civil Judge, Junior Division, Chalisgaon on 1-9-1989 rejecting the Misc. Application No. 11 of 1987 filed by the present Petitioner for Condonation of delay and restoration of the Regular Civil Suit No. 59 of 1983.

2. The main crux of the matter is as to whether the service of summons in Regular Civil Suit No. 59 of 1983 was proper one.

3. The Regular Civil Suit No. 59 of 1983 was filed by the respondent for getting the possession of the suit land from the defendant. At present this Court is not supposed to go into the main controversy. However, the summons which was issued to the defendant in the present matter was served on the petitioner under Order V, Rule 17 of the Code of Civil Procedure and when it was found that on 13-7-1983 the defendant is absent, the suit proceeded ex parte and decree for possession has been passed.

4. Mr. P.R. Patil, learned Counsel appearing for the petitioner-defendant submitted that the service of summons in the present matter was not proper and therefore, the decree which is passed against him may be set aside and the suit may be restored to the fi

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