ORDER :

1. Petitioner has filed this petition under Article 227 of the Constitution of India challenging the order dated 01.07.2021, passed in Miscellaneous Civil Appeal No. 9 of 2021, whereby learned 4th Additional District Judge, Durg, District – Durg dismissed the appeal filed under Order 43 (1)(d) of C.P.C.

2. Facts relevant for disposal of this petition are that respondent No.1/plaintiff filed a civil suit for declaration of title and permanent injunction as well as damages on the ground mentioned therein. Petitioner was impleaded as defendant No.2 in civil suit. Upon filing of civil suit, learned trial Court issued notice to the defendants including petitioner. Notice sent to petitioner/defendant No.2 was served upon wife of defendant/petitioner and service report was enclosed in the records. Learned trial Court proceeded exparte against defendant No.2/petitioner and after recording of evidence of plaintiff, passed an ex-parte judgment and decree against defendants therein including petitioner/defendant No.2.

3. Petitioner/defendant No.2 filed an application under Order 9 Rule 13 of C.P.C. for setting-aside the ex-parte judgment and decree primarily on the grounds that there was