- (1.) THIS is a rule at the instance of the judgment-debtor directed against the appellate order of the Additional District Judge, Hissar, who, on 6th of February, 1968, declined to set aside an ex parte decree passed in favour of the plaintiff-respondent and against the petitioner for a sum of Rs. 669/30 on 5th of March, 1965.
(2.) THE suit was filed by the plaintiff-respondent, Hissar Iron and Mechanical Works against Bhagwan Gold and Silver Store, Rewart, on 15th September, 19g4, for recovery of Rs. 669-30. The first order of the Court was passed on 16th of september, 1964 for summoning of the defendant for 6th of November, 1964. On 6th of November, 1964, the summons which had been issued to the defendant had not been returned and the Court ordered that a registered cover should be sent to the defendant for 10th December, 1964. On the registered letter, the defendant is stated to have refused to accept it on 11, December, 1964. It has to be observed thai the summons had been sent in the first instance to the defendant for appearance on 6th of November 1964. The Court then directed a proclamation to be issued under Order 5, R, 20 of the Code of Civil Procedure in 'jaggat Weekly' for 18th of February, 1965. The notice appeared in this paper and the defendant did not turn up on the date of hearing. An ex parte decree was accordingly passed against the petitioner on 5th of March, 1965.
(3.) IN the application filed for setting aside the ex parte decree the only point taken up was that the defendant was not a subscriber of 'jaggat Weekly. ' Both the courts below rightly held that this objection was devoid of any force and substance. The application for restoration of the suit and setting aside of the ex parte decree was accordingly dismissed. The Additional District Judge, Hissar, having upheld the order of dismissal in appeal on 6th of February, 1968, the defendant judgment-debtor has come to this Court in revision.;