As per Hon'ble Shri D.R. Deshmukh, J. :-

1. This revision is directed against the order dated 21-9-99 passed by Civil Judge Class-I Dongargarh, District Rajnandgaon in Misc. Civil Case No. 1193 whereby the application of the respondents/defendants under Order 9 Rule 13 of C.P.C. read with Section 5 of Limitation Act to set aside the ex-parte judgment and decree dated 22-4-1992 passed in favour of the petitioner/ plaintiff in Civil Suit No. 36-A/91 was allowed.

2. Brief facts are that in Civil Suit No.36-A/91 filed by the petitioner/ plaintiff, summons were issued to the non-applicants/defendants. The summons of defendants Khorbehareen and Suman were returned by the Process Server Satanand Singh with the endorsement that on 27-1-1991 when he went to village Manditarai, Tahsil Dongargarh, District Rajnandgaon for service of summons on Khorbehareen and Sumanlal Verma, both these defendants refused to receive the summons and a copy of the plaint whereupon he affixed a copy of the summons on the house of the defendants and made endorsement to that effect on the summons. These defendants were proceeded ex parte by the trial Court. Thereafter, a compromise was filed between the p