( 1 ) THE respondent/plaintiff filed a suit for mandatory injunction to the defendant who is his tenant to remove unauthorised constructions made in the House No. A-75, Ramesh Nagar, New Delhi and for recovery of mesne profits from 15. 5. 1991 upto 31. 1. 2000 amounting to Rs. 27,000. 00

( 2 ) THE suit was instituted on 7. 9. 1995 and summons in the suit was issued on 8. 9. 1995. Steps were taken by the plaintiff to serve the defendant and the defendant did not appear, therefore, he was set ex-parte.

( 3 ) ON 19. 5. 1997 the petitioner filed an application to set aside the order dated 24. 12. 1996 setting him ex-parte. That was opposed by the respondent/plaintiff.

( 4 ) BY order dated 4. 4. 1998 the application filed by the petitioner/defendant was dismissed by the learned Civil Judge. That is challenged in the revision petition.

( 5 ) THE learned Civil Judge in the order has said that the petitioner refused service and therefore, the service was declared sufficient and consequent on his nonappearance, he was set ex-partand the plea by the defendant that there was no service is not correct and there was no sufficient cause shown for his nonappearance and accordingly th