1. The petitioner filed this writ petition under Art.227 of Constitution of India questioning the legality, propriety and validity of the order dated 25-8-1990 passed in Civil Revision No.04/1988 by Fourth Additional Judge to the Court of District Judge, Bilaspur affirming the order dated 18-2-1988 in M.J.C. No. 02/1978 passed by Fourth Civil Judge, Class - II, Bilaspur setting aside the ex parte decree dated 7-10-1974 against Bhola Nath in Civil Suit No. 56 - B of 1973 (parties hereinafter shall be referred to as per the description before the trial Court).

2. Briefly stated, facts giving rise to this petition are that Bhola Nath, the defendant entered into an agreement to sale dated 10-8-1973 (Annexure - P / 1) for consideration of Rs. 10,000/- with the plaintiff and received Rs. 5,000/- as earnest money. The plaintiff (since deceased) served a notice upon the defendant for execution of the registered sale deed and thereafter filed a suit for refund of earnest money registered as Civil Suit No. 56 - B / 73 against Bhola Nath and his younger brother Pawan Kumar, a minor. After the summons returned unserved with an endorsement of incorrect address, the plaintiff was permitted to