- (1.) THIS civil miscellaneous appeal has been filed by the defendants/appellants assailing the order dated 22.9.2012 passed by the Additional District Judge (Fast Track) No.1, Beawar in Civil Misc. Case No.2/2010 whereby the application filed by the appellants seeking setting aside exparte proceedings dated 28.3.2008 as also exparte judgment and decree dated 23.10.2009 in Civil Suit No.56/2009 (35/2008) titled as Surender Singh v/s Roop Singh and Ors., had been dismissed.
(2.) HEARD the learned counsel for the parties. The learned counsel for the appellants drawing my attention to the summons issued on 25.3.2008 submitted that the service is claimed to have been effected upon the appellants by way of affixation on the main door of his house. The witnesses in whose the process server claims to have paste the notices, are not from the village Media – the addresses of th appellants. However, both the witnesses are resident of Redaspura and Sambhupura, out of whom Ranjeet Singh S/o Bhanwar Singh, R/o Sambhupura is also the witness of agreement to sell which is the basis of the suit filed by the respondents/plaintiffs for specified purpose of contract.
(3.) ON the other hand, the learned counsel for the respondents drawing my attention to the other notices issued by the executing court submitted that the appellants are habitual and that they do not care of the process of the court and has been refusing all the process sent by the court.;