- (1.)This is a plaintiffs revision against the order of the learned Additional District Judge, Udaipur dt. 17-5-83 accepting the defendant's appeal against the order of the learned Civil Judge, Udaipur dt. 19-2-81 and setting aside the ex parte decree passed against the defendant Shanti Lal in a suit for recovery of money.
(2.)The first date of hearing fixed in the suit was 13-9-79. The summons sent to the defendant was returned with the report that he had gone to Bombay. The case was then adjourned to 4-12-79 and summons was sent both in the ordinary course as also by registered post. The summons sent in the ordinary course was returned with the report that the defendant was at Bombay and would not return till 15-12-79. The summons sent by registered post was, however, returned with the endorsement of refusal dt. 20-11-79.
(3.)On 4-12-79 the staff of the Court was on strike and, therefore, the case could not be taken up. It was then taken up on 31-12-79 and adjourned to 11-3-80. The parties were not present on that day neither any notices were issued to them for the date of hearing 11-3-80. However, on 11-3-80 the plaintiff appeared but the defendant did not and in view of the endorsement of refusal on the summons for the date of hearing 4-10-79 the Court recorded that the summons had been served and the defendant having not appeared, he was placed ex parte. Ex parte evidence of the plaintiff was recorded on 1-4-80 and decree was passed in his favour on 4-4-80.