SURENDRA JINSIWALE Vs. NARESH BANSAL

JUDGEMENT

(1.) Heard finally with the consent of the learned counsel for the parties.

(2.) This appeal has been preferred for setting aside ex parte judgment and decree dated 25/10/2007 passed by the Court of 8th ADJ Gwalior in Civil Appeal No. 12A/07. By the impugned order, an application under Order 41 Rule 21 of CPC submitted by the appellant has been dismissed.

(3.) On perusal, it is found that firstly, it has been clearly endorsed on the copy of the notice that the appellant was residing out of Gwalior since last 4-5 years; secondly, it is nowhere mentioned in the notice that the father of the appellant was residing with him at the relevant time. This being so, it cannot be trated as service within the meaning under Order 5 Rule 15 of CPC. Since the appellant was residing out of Gwalior at the relevant time, publication of notice ought to have been made in a news paper having circulation beyond the territory of Gwalior. Thus,it is found that the there was no service on the appellant in Civil Appeal No. 12A/07. Consequently, the appeal is allowed, however, with the costs of Rs. 1,000.00, which shall be paid to the respondents or their counsel during the course of the day.