- (1.) Heard. This Civil Revision Application has been filed against the order dated 18.10.2004, passed in Misc. Case No. 4 of 2000 by learned Sub Judge -II, Khunti, whereby the Court has set aside the ex parte judgment and decree dated 18.3.2000 ( Decree sealed and signed on 28.3.2000) passed in T.S. No. 15 of 1998 and restored the suit to its original file. Mr. B.V. Kumar, appearing for the petitioners, submitted that on the ground of irregularity in service, the ex parte judgment and decree could not have been set aside. He further submitted that some of the plaintiffs died and therefore the order was passed without bringing them on record. He also submitted that the petition for setting aside the decree was filed after the delay of about four months. Mr. Triveni Mishra, appearing for respondent no. 1, submitted that the respondent had no knowledge about the case and moreover after the impugned order was passed, petition for substitution was filed and allowed by the court below. After carefully examining the materials on record, the court below has found that the endorsement and statement of the process server is sufficient to entertain grave doubts about the endorsement made by the Peon affecting the service upon the defendants. It has further held that the irregularities in the service of summon go to the root of the case and there was no service of summons as per the provision of law. The learned court below had jurisdiction to pass the impugned order. It heard the parties and considered the materials on record while passing the impugned order. I am not inclined to interfere with the impugned order. Accordingly, this Civil Revision Application is dismissed.;