1. Revision petitioner is the respondent in I.A. 1146/1979 in O.S. 238/1978 of the Sub Court, Palghat. The respondent herein filed the petition under 0.9 R.13 C..P.C. to set aside the ex-parte decree passed against him. The lower court allowed the petition.

2. Revision petitioner filed the suit to recover Rs. 10,000/- as damages alleging that the respondent forcibly and illegally took him to unlawful custody and detained him in the police station.. At the instance of the respondent the case was transferred from the Sub Court Badagara to the Sub Court Palghat where it is numbered as O.S. 238/1978. The case of the petitioner is that summons was taken to the respondent several times, that he purposely evaded it, that substituted service was ordered by the court, that publication was effected in'Mathrubhumi' dated 25-2-1979, that he did not enter appearance in the court and that the suit was decreed on 22-3-1979. The learned counsel for the revision petitioner submitted that the trial court was not at all justified in allowing the petition as admittedly paper publication was effected as per court order. Learned counsel for the respondent contended that the court had ordered