1. With the consent of learned counsels for the parties, the appeal is heard finally at the admission stage.

2. The present misc. appeal filed by the appellant-defendant under Order XLIII Rule 1 (d) of CPC arises out of the order dated 17.10.2013 passed by the Additional District Judge, Shahpura, District Jaipur (hereinafter referred to as “the trial court”) whereby the trial court has dismissed the application being No.2/2005 filed by the appellant-applicant under Order IX Rule 13 of CPC for setting aside the exparte decree dated 28.01.2005 passed in the Civil Suit No.11/2002, filed by the respondents-plaintiffs seeking specific performance of an oral agreement alleged to have been made by the appellant-defendant in respect of the suit lands and for damages.

3. The short facts giving rise to the present appeal are that the respondents-plaintiffs had filed the civil suit against the appellant-defendant seeking specific performance of the oral agreement allegedly made by the appellant somewhere in the year 2000. In the said suit, the trial court treating the service of summons to the appellant by a registered A.D. sent at the address of the appellant's business premises, as