JUDGMENT :

This is an application under Section 115 of the Code of Civil Procedure, 1908 (for short, the Code) challenging the order dated 07.02.2020 passed by the learned Civil Judge No.2, Kamrup (M) Guwahati in Misc. Appeal No.09/2014 whereby the order dated 19.03.2014 passed in Misc.(J) Case No.384/2013 by the learned Munsiff No.3, Kamrup(M) Guwahati was set aside.

2. The brief facts which led to the filing of the instant proceeding is that the petitioners herein had filed a suit being Title Suit No.263/2010 seeking eviction of the defendant from the tenanted premises on the ground that the defendant failed to pay the rent for the tenanted premises from August, 2009. In the said suit, upon summons being issued, the process server went to the address mentioned in the summons, but did not find the defendant. Thereupon the process server met the son of the defendant, but he refused to accept the summons and accordingly the process server affixed the summons at the door of the premises of the defendant in presence of a witness.

3. Pursuant thereto, the process server submitted a report on 23.12.2011 along with an affidavit on 02.01.2012. On the basis of the said process server’s report