JUDGMENT

Mithan Lal , J. - This first appeal filed by Sardar Karam Singh one of the defendants, is directed against the order refusing to set aside an ex parte decree passed by the Additional Civil Judge Muzaffarnagar.

Briefly stated the facts are that the opposite party Jai Kishan brought a suit for recovery of Rs. 15,000/- as damages against the present appellant, the State of U.P. and one other Sardar Arjun Singh who has since died. The suit was instituted in forma pauperis and the notice of these proceedings was personally served upon the present appellant but he did not contest those proceedings and wrote at the back of the notice that there was a compromise between the parties. The State Government, I am told, contested the pauper proceedings but ultimately the plaint was registered in forma pauperis.

2. After the registration of the plaint summonses were issued to the present appellant to the same address on which he had been served with the notice of the pauper proceedings but the notices were every time returned unserved whether sent in the ordinary course or through registered post. Ultimately service was effected by the publication in a weekly paper of Meerut named `Hamar