R.C. Lahoti, J. - This is a landlord-tenant litigation. The tenant is aggrieved by an ex-parte decree dated 9.10.1993 for recovery of arrears of rent and eviction from the suit premises bearing plot No. 9, Chowk Shakti Nagar, Amritsar where the tenant carries on his business of selling shoes. An application under Order 9 Rule 13 of the CPC seeking setting aside of the ex- parte decree was filed which was opposed, enquired into and rejected by the Trial Court. The Civil Revision preferred by the tenant met with the same fate. The tenant has filed this appeal by Special Leave.

2. A perusal of the record of proceedings shows that the process server was entrusted with summons for service on the defendant-tenant. The date of hearing appointed was 23.2.1993. According to the process server, Narinderjeet Singh, he went to the shop of the tenant-appellant on 22.2.1993 and tendered to him the summons accompanied by a copy of the plaint. The tenant refused to accept the summons. Then, he returned the summons alongwith an endorsement of refusal on the back of summons to the Court on 23.2.1993. On 23.2.1993, the Court recorded default in appearance of the defendant-tenant and proceeded ex