K.S. LODHA, J.— This is a plaintiffs revision against the order of the learned Additional District Judge, Udaipur dated 17.5.83 accepting the defendants appeal against the order of the learned Civil Judge, Udaipur dated 19.2.81 and setting-aside the exparte decree passed against the defendant Shanti Lal in a suit for recovery of money.

2. The first date of hearing fixed in the suit was 13.9 79. The summons sent to the defendant were returned with the report that he had gone to Bombay. The case was then adjourned to 4.12.79 and summonses were sent both in the ordinary course as also by registered post. The summons sent in the ordinary course was returned with the report that the defendant was at Bombay and would not return till 15.12.79. The summons sent by registered post was however, returned with the endorsement of refusal dated 20.11.79.

3. On 4.12.79 the staff of the Court was on strike and, therefore, the case could not be taken up. It was then taken upon 31.12.79 and adjourned to 13.3.80. The parties were not present on that day neither any notices were issued to them for the date of hearing 11.3.80. However, on 11.3.80 the plaintiff appeared but the defendant did not and in vi

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