JUDGMENT

P. K. TRIPATHY, J. — Ex parte decree of eviction passed on 1.11.1993 in O.S. No. 633 of 1992 having been refused to be set aside by the Civil Judge (Jr. Division), Balasore and the Ad hoc Addl.District Judge (Fast Track Court), Balasore as per the impugned orders respectively passed on 26.4.2000 in Misc.Case No. 105 of 1995 and 10.12.2002 in Misc.Appeal No. 11/62 of 2001/2000, the same are under challenge in this revision at the instance of the defendant/petitioner. Plaintiff is the opposite party.

2. Fact, which is not in dispute, is that summons for settlement of issues against the petitioner in both the ways, i.e., by regular process as well as by registered posts as per the address given in the cause title. The process issued through Court was returned with the report of the process server that petitioner refused to receive the notice. The postal acknowledg¬ment due was not however received back even after expiry of the period of one month. Therefore, the trial Court held the service of summons to be sufficient and set the defendant ex parte for his non-appearance and thereafter concluded the ex parte hearing and passed the impugned ex parte decree on 11.11.1999. Oppos