U.S.Tripathi, J. - (1.) The plaintiff of the suit has filed this revision against the order dated 31,10.1994 passed by VIIIth Additional Civil Judge, Agra in Misc. Case No. 12 of 1994, allowing the application of the respondent No. 1 under Order IX Rule 13, C.P.C. and setting aside the ex parte decree dated 7.3.1987 in Original Suit No. 103 of 1983.
(2.) The applicant society filed Suit No. 103 of 1983 against the opposite parties. The above suit was decreed ex parte on 7.3.1987. Thereafter the opposite party No. 1 moved an application for setting aside above ex parte decree on the grounds, inter alia, that the summons of the suit had not been served upon it. The summons were neither tendered by the post man or Process Server upon it, nor it were ever refused to accept. The plaintiff/applicant obtained ex parte decree by concealing the above facts and alleged service of summons on the opposite party No. 1, was said to have been effected through publication in a newspaper, which was not daily news paper nor had any circulation in the area where the opposite party No. 1 had its office. The opposite party No. 1 came to know about the decree of the suit for the first time on 19.1.1994, when the applicant's pairokar Devi Prasad informed to its Secretary that he had obtained decree and was getting the sale deed executed. The opposite party No. 1 got the file inspected on 25.1.1994 and moved the application.
(3.) The above application was opposed by the applicant, mainly on the ground that the opposite party No. 1 had full knowledge of the suit and deliberately avoided the service of summons by refusing to accept the same. The notices were ultimately published in a news paper which had wide circulation in the locality. The opposite party No. 1 also wrongly alleged the source of knowledge of decree. It further contended that the opposite party No. 2 had filed objections against the execution, which had been dismissed by the Executing Court and she preferred Civil Revision No. 142 of 1992 before this Court in which the opposite party No. 1 was also served.;