S.K. Dubey, J.--1. This is a defendant's second appeal against the judgment and decree which set aside the ex parte decree dated 29.3.76, for eviction, as obtained by fraud, passed in civil suit No. 121-N76 by Civil Judge Class-II, Lahar.

2. Brief facts leading to this appeal are thus: Landlord Naraindas and his son Balkrishan instituted a civil suit against the respondent/tenant for ejectment and arrears of rent of Rs. 600/- and mesne profits alleging therein that the respondent is a tenant in the suit accommodation on a monthly rent of Rs. 60/-, who has defaulted in making payment of rent due inspite of notice of demand and has not handed over the possession of the accommodation after the termination of the tenancy. The Court ordered to issue summons in the ordinary manner as well as by registered A/D Post (R.A.D.) specifying the date of appearance as 19.9.72. The summons (Ext. P-3) without the seal of the Court and a copy of the plaint was issued on 12.9.72 for sending it by R.AD. which was delivered at the post office on 19.9.72. This R.AD. envelope (Ext. P-4) was delivered to the tenant on 23.9.72. A" the summons was not received back on the date fixed, i.e., on 19.9.72