JUDGMENT

Prakash Gupta, J. - Instant miscellaneous appeal is directed against the order dated 21.04.2016 passed by the Additional District Judge No.16, Jaipur Metropolitan, Jaipur (hereinafter referred to as the "trial Court") whereby the application filed by the appellantdefendant under Order 9 Rule 13 CPC was dismissed.

2. Brief facts of the case are that the respondent-plaintiff filed a suit against the appellant-defendant for recovery of Rs.2,36,871/-.

3. In the above suit, when the appellant-defendant was not appeared, an ex-parte order was passed against him on 28.02.2009 and finally ex-parte judgment and decree was passed on 25.07.2009.

4. The appellant-defendant filed an application under Order 9 Rule 13 CPC to set aside the ex-parte judgment and decree. The application was dismissed by the trial Court vide impugned order dated 21.04.2016. The trial Court after discussing on the issue of service of the summons upon the appellantdefendant held that the service upon the defendants was proper and consequently dismissed the application.

5. I have heard learned counsel for the parties.

6. It is contended by learned counsel for the appellantdefendant that the service of summons was nev