JUDGMENT :

TUSHAR RAO GEDELA, J.

[The proceeding has been conducted through Hybrid mode]

1. None appears for the Respondents today and none had been appearing for the Respondents for the past many dates of hearing.

2. Accordingly, Respondents are proceeded ex parte.

3. Learned counsel appearing for the Petitioner submits that the impugned order was passed contrary to the records of the case, in that, vide order dated 25.05.2015 passed by the Joint Registrar of this Court, it was noted that Respondent was duly served with the summons of the suit.

4. Learned counsel on above basis submits that setting aside of the exparte decree on the ground that Respondent was never served, is contrary to the record of the Trial Court. Learned counsel thus submits that the impugned order dated 11.02.2020 be quashed and set aside.

5. Perusal of Order IX Rule 13 CPC brings to fore that the burden of satisfying the Court that summons of the suit was not duly served upon the Defendant is squarely upon the Defendant and only on the subjective satisfaction thereof would the Court set aside the decree.

6. It is trite that setting aside of the exparte decree is not for the asking and it is incumbent upon the Court