JUDGMENT :

1. Instant appeal has been preferred by the appellant-defendant (for short ‘the defendant’) against the order dated 01.02.2018 passed by Additional District Judge No.1, Jaipur District, Jaipur (hereinafter referred to as ‘the trial court’) in Misc. Application No.6/2015 titled as Subrati Khan Vs. Chuttan Khan, by which the application filed by the defendant under Order 9 Rule 13 read with Section 151 CPC has been dismissed.

2. Learned counsel for the defendant submits that the respondent-plaintiff (for short ‘the plaintiff’) had filed a suit for specific performance of the contract against the defendant on 15.09.2006. Summons were issued by the trial court on 25.02.2006 but the Process Server made a wrong remark that the defendant denied to accept the summon, so endorsement was made in presence of witnesses namely; Karim Khan and Shahid Khan. Learned counsel for the defendant also submits that summon was not served upon the defendant. Process Server wrongly reported that the defendant had denied to take it in the presence of witnesses Shahid Khan and Karim Khan. Learned counsel for the defendant also submits that defendant and his family members are facing the trial of cri