Honble SHARMA, J. – This appeal arises from the order dated February 26, 1996, passed by the Additional District Judge, Kishangarh Bas, District Alwar, whereby the application moved by the defendant appellant under Order 9 Rule 13 read with section 151 CPC has been dismissed.

(2). Few facts deserve recall here. In a suit instituted by the plaintiff respon-dent in the trial court summons was issued in the name of defendant appellant and it was returned with the endorsement of the process server that the summons was affixed as the defendant appellant refused to accept the service. Certified copy of the summons alongwith the report of the process server has been placed before me. Endorsement of the process server on the back of the summons reads as under :–

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(3). A look at the r

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