- (1.) The petitioners/decree-holders have laid this revision petition under Section 115 Code of Civil Procedure 1998 (for short 'CPC') challenging the order impugned dated 09.11.2013 passed by the Addditional District Judge, Anoopgarh camp Gharsana, whereby application of the respondent/judgmentdebtor under Order 9 Rule 13 read with Section 151 C.P.C. was allowed and ex-parte decree passed in favour of petitioners was set at naught on payment of cost of Rs. 2,500/-
(2.) I have perused the order impugned. The learned Court below while considering the prayer of respondent/judgment-debtors for setting aside ex-parte decree has observed in clear and unequivocal terms that notices of the suit issued to respondents were not properly served. As a matter of fact, the Court proceeded ex-parte against the respondents on being satisfied that respondent has been served summons & apprised about the proceedings. The decision to proceed ex-parte against the respondent/judgment-debtor is founded on service of summons on him by the process server at the behest of Mr. Inder Singh, who has identified judgment debtor. Learned Court below has doubted service of summons precisely for the reason that process server was not sure about identity of judgment-debtor & has offered summons to some one identified as judgment-debtor by Mr. Inder Singh an interested person favouring cause of the petitioner. For its conclusion that summons were not served on the judgment-debtor, the learned Court below has further observed that the notices of execution were served by publication in newspaper 'Seema Sandesh' on the judgment-debtor.
(3.) Taking into account the fact that the service of notice of execution was affected on the respondents by way of substituted service, learned Court below held that there is a serious doubt about proper service of summons of the main suit on him. The learned court below has also held that summons of the original suit were prima facie served on a person who was not authorized. With these observations, the executing court has also granted indulgence to the respondent for condonation of delay and eventually allowed the prayer of setting aside the exparte decree.;