L.N.MITTAL, J. - (1.) LILU Ram defendant No.1 has filed instant civil revision petition under Article 227 of the Constitution of India.
(2.) RESPONDENT No. 1 -plaintiff Mangtu Ram filed suit against petitioner -defendant No -1 and his three sons defendants No.2 to 4/proforma respondents No.2 to 4 herein. In that suit, defendants were proceeded ex parte vide order dated 23.08.1999 Annexure P -1 since they failed to appear despite substituted service by way of munadi. The suit was decreed ex parte vide judgment and decree dated 10.06.2003 Annexure P -2. Defendants filed application on 01.12.2003 under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure (in short, CPC) for setting aside order Annexure P -1 as well as ex parte judgment and decree Annexure P -2 alleging that they were never served in the suit and they learnt of the ex parte judgment and decree on 24.11.2003 only.
(3.) PLAINTIFF in his reply controverted the stand of the defendants and alleged that the defendants refused to receive the summons in the suit and they were then served by munadi and were rightly proceeded ex parte.;