( 1 ) THIS application has been filed on behali of the defendant under order 37 Civil Procedure Code for setting aside the ex parte decree passed in the suit on 17. 5. 1990 against the defendants. It is alleged in the application that on 10. 7. 1991 the applicant came to know through a friend of the applicant that an ex parte money decree has been passed in favour of the plaintiff and against the defendant. The applicant engaged an advocate who inspected the record on behalf of the. defendants. It revealed that the suit had been decided ex parte on 17. 5. 1990 holding the substituted service by publication in the daily Newspaper national Herald on 29. 1. 1990 to be sufficient. It is further alleged that neither the applicant nor any of the Directors or officers of the defendant company bad knowledge of the suit filed by the plaintiff. National Herald has no wide circulation in the city of Lucknow, and as such the applicant never came across the publication in the said Newspaper.

( 2 ) IT is further alleged that the applicant did not receive any notice in the aforesaid suit. Since the service had been effected only by publication, the ex parte decree is liable to be