JUDGMENT :

Vijai Kumar Bist, J.

This revision has been preferred by the revisionist under Section 115 of the Code of Civil Procedure, 1908 (for short, “C.P.C.”) against the order dated 09.07.2018 passed by the Civil Judge, Yangang Sub-Division, South Sikkim at Yangang, by which an application filed by the revisionist under Order VII Rule 11, C.P.C. has been rejected.

2. In this matter, notice was issued to the respondents on 21.08.2018. The case was listed on 24.09.2018. Registry submitted its report stating that respondents no. 1 and 2 had been duly served. Respondent no. 2 appeared in person before the Court on that day, but none appeared for respondent no. 1. The Court again directed to serve notice upon respondent no. 1 through the Process Server of the Civil Court, South Sikkim. In compliance to the said order, learned District & Sessions Judge, South Sikkim sent a communication to this Court informing that the notice was duly served upon the respondent no. 1. The revision was heard and admitted and was listed for final hearing on 19.11.2018. Inspite of service of notice, none appeared for respondents no. 1 and 2. The matter was fixed for ex-parte hearing and was heard ex-parte.

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