VIVEK RUSIA
Mohan – Appellant
Versus
Kamal s/o Umraoprasad Sharma – Respondent
Heard on the question of admission.
The applicant (hereinafter referred to as “the defendant”) has filed the present revision under section 115 of Civil Procedure Code challenging the order dated 3-5-2016 passed in Civil Misc. Appeal No. 4/2016 by First Additional District Judge, Barwani and order dated 12-1-2016 passed by Civil Judge, Class-I, Rajpur in MJC No. 2/2014 by which the Court has refused to set aside the ex parte judgment and decree dated 29-9-2010.
2. Facts of the case are as under:—
(a) The Respondent/plaintiff filed the Civil Suit No. 10-A/2010 seeking possession of the house. The suit was filed 19-7-2010 in which the summon was issued to the present applicant/defendant on 29-7-2010. The service of the notice was served to the wife of the defendant who refused to receive the same. The Process Server-Ashok Verma submitted his report to the Court (Ex.P/7) dated 29-7-2010 and on the basis of the said report, the present applicant has been proceeded ex parte. Thereafter the ex parte judgment and decree dated 29-9-2010 was passed against him.
(b) After the judgment and decree, the plaintiff filed the execution proceedings. When the present applicant/defendant received
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