1. - The appellant-defendant has challenged the order dated 01.09.1999 passed by the Addl. District Judge No. 2, Jaipur city, Jaipur whereby the learned Judge had dismissed the application filed by the appellant under Order 9 Rule 13 of the Civil Procedure Code (henceforth to be referred to as 'the Code', for short).

2. The brief facts of the case are that the respondent-plaintiff had filed a suit for recovery of Rs. 5,15,885.65 dated 23.11.1990 against the appellant- defendant. In the said suit the appellant alongwith Smt. Denu Boosar were arrayed as defendants. In the plaint, the address of the appellant was given as M/s.Kawasji & Sons, 114, Post Office Road, Mahu (M.P.). When the notice were issued by the trial Court, the notices were returned with a noting that "there is no such partnership firm existing at the said address." Subsequently, substituted service was permitted and a notice was published in a local newspaper on 04.05.1992. However, despite the publication of the said notice the appellant did not appear before the trial Court. Hence, vide judgment dated 24.07.1993 the suit was allowed in favour of the plaintiff- respondent. It was not till 1996 that the app