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1980 Supreme(Raj) 99

MAHENDRA BHUSHAN
Vasudeo – Appellant
Versus
Mulk Raj Kumar – Respondent


Advocates Appeared:
B.L. Pagaria, for Appellant; B.P. Agarwal, for Respondent.

MAHENDRA BHUSHAN, J.—This is defendants Misc. appeal against the judgment of the learned Additional District Judge No. 2, refusing to set aside the ex-parte decree passed against him by the learned trial court on March 13, 1977.

2. The facts so far as they are relevant for the disposal of this appeal now may be set out in brief:

3. One Mulkraj, respondent No. 1, filed a suit for eviction against the appellant Vasudeo and his father Naraindas relating to a house, plot No. 579, situated in Adarsh Nagar, Jaipur. Summonses in the suit for the appellant as well as his father Narain Das were issued more than once by the ordinary process, but the same were returned by the Process Server as unserved. It was, therefore, directed by the court that the summonses be sent by ordinary process as well as by registered post. The summonses by registered post for November 22, 1974 for the appellant and respondent No. 2 were sent. The registered envelop meant for Narain Das respondent No. 2 was received with endorsement (Refused) of the Postman whereas registered envelop meant for the appellant was received by an inmate of the house. The Court treating the service on the appellant as complete made an o















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