JUDGMENT:

1. This C.M.A. is filed ventilatingthe grievance of defendant in O.S.No.564 of 2010 on the file of I Additional Senior Civil Judge, Nelloreas his application under Order 9 Rule 13 of Civil Procedure Code,1908 was dismissed, vide the impugned order dated 01.04.2013in I.A.No.142/2012.

2. The grievance of the Appellant inI.A.No.142/2012is that suit summons were not duly served and that she came to know about pendency of the suitonly through her relative.She contended that she received notice in the execution petition filed by plaintiff based on the ex-parte decree. Her further submission is that she filed an application to set aside the ex-parte decreei.e.,I.A.No.142/2012from the date of knowledge, but the learned judge without appreciating the facts mentioned in the affidavit has abruptly passed a cryptic orderdated 01.04.2013,thatis liable to be set aside.

3. Vehemently opposing, learned counsel for the respondent/plaintiff would submit in their counterit has beenclearly mentioned that suit summons were served on the defendant/Appellant personally, and only to drag on the matter they made the Court to pass an ex-parte decree, filed a petition to set aside ex-parte decree at