1. - The challenge in the present petition is the order dated 13.7.2012 passed by the Addl. District & Sessions Judge, No. 2, Deeg, Bharatpur (hereinafter referred as the "trial court") in Civil Suit No. 23 of 2009 (35 of 2008), whereby the trial court has partly allowed the application of the petitioner-original defendant No. 2 filed under IX Rule 7 of CPC. With the consent of learned counsels for the for the petitioner and for the contesting respondent No. 2, the petition is finally heard at the admission stage. Notices to the other respondents being performa are waived.

2. The short facts giving rise to the present petition are that the respondents Nos. 2 to 8-original plaintiffs have filed the suit seeking damages against the petitioner and the respondent Nos. 9 to 13 (original defendant Nos. 1 to 6), under the Fatal Accidents Act. In the said suit, summons were issued to the petitioner who was at the relevant time, in judicial custody at the Central Jail, Sewar, Bharatpur. It appears that the said summons were served by registered post and the trial court considering the acknowledgement receipt treated the said service as sufficient service of summons and proceeded ex