D. P. S. CHAUHAN, J.

( 1 ) CIVIL Suit (No. 8-A/94) was filed for ejectment of the present applicant Charanlal Patel on 16-3-94. The notices were issued to him by the civil Court by process and the same were returned with the following endorsements :the trial Court found the service sufficient and proceeded ex parte and the suit was decreed ex parte on 6-5-94.

( 2 ) ON 15-11-94, the present applicant filed an application for setting aside the ex parte judgment and decree under Order 9 Rule 13 C. P. C. which was rejected by the trial Court on 13-5-96 as the trial Court was not satisfied.

( 3 ) BEFORE the trial Court, process server and one Lakhmichand were examined. An appeal was preferred before the lower appellate Court under Order 43 Rule 1 (a) C. P. C. which appeal was dismissed on 2-12-96 and this order dated 2-12-96 is the subject-matter of the present revision.

( 4 ) THE revision was not admitted but this Court on 19-12-96 passed an order for listing the revision for final disposal in motion hearing on 20-1-97. The case was listed on 21-1-97 on which date the case was passed over for 22-1-97 On 22-1-97 the case was directed to be posted on 28-1-97 and in the meantime the lower

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