Sen, J.

An application under Order 9, Rule 13 of the Code of Civil Procedure filed by the defendant in Title Suit No. 47 of 1981 was registered as Miscellaneous Case No. 73 of 1981 of the forth Court of the learned Subordinate Judge at Alipore. The said application having been heard on contest on evidence has been dismissed by the two Courts below concurrently and feeling aggrieved the defendant has preferred the present revisional application.

2. The suit was one for specific performance of a contract for sale. The suit was filed on June 16, 1981 on which date the Court directed issue of summons. Summons was issued both through the process server as also by registered post simultaneously and both of them were returned with a report of refusal on July 16, 1981. The Court did not accept service as satisfactory and directed the plaintiff to take steps by July 20, 1981 on which date the plaintiff filed an application under Order 5, Rule 20 of the Code which prayer was allowed and July 31, 1981 was fixed as the returnable date. On July 31, 1981 the Court accepted the return of service under Order 5, Rule 20 of the Code and fixed the suit for ex parte hearing on August 11, 1981. T