( 1 ) THE plaintiff of the suit has filed this revision against the order dated 31,10. 1994 passed by viiith Additional Civil Judge, Agra in Misc. Case No. 12 of 1994, allowing the application of the respondent No. 1 under Order IX Rule 13, C. P. C. and setting aside the ex parte decree dated 7. 3. 1987 in Original Suit No. 103 of 1983.

( 2 ) THE applicant society filed Suit No. 103 of 1983 against the opposite parties. The above suit was decreed ex parte on 7. 3. 1987. Thereafter the opposite party No. 1 moved an application for setting aside above ex parte decree on the grounds, inter alia, that the summons of the suit had not been served upon it. The summons were neither tendered by the post man or Process Server upon it, nor it were ever refused to accept. The plaintiff/applicant obtained ex parte decree by concealing the above facts and alleged service of summons on the opposite party No. 1, was said to have been effected through publication in a newspaper, which was not daily news paper nor had any circulation in the area where the opposite party No. 1 had its office. The opposite party no. 1 came to know about the decree of the suit for the first time on 1