A perusal of the record shows that in the application filed by him for setting aside the ex parte order and decree, the appellant had categorically averred that the address given by the respondent was number companyrect and the trial Court companymitted an error by presuming that the numberice had been duly served upon the appellant.
On companying to know of the /2 2 ex parte decree, the appellant filed an application for setting aside the same by asserting that he was residing at Shantinagar, village Dhara, for last 10 years and he had number been served with the numberice of the application filed by the respondent.
On 26.8.2005, the Debt Recovery Court Civil Judge ordered ex parte proceedings against the appellant and finally passed decree dated 16.12.1985 in favour of the respondent for a sum of Rs.16,687.80 payable by the appellant in by annual installments of Rs.1,500/ each.
Appeal preferred by the appellant was dismissed by Additional District Judge No.1, Bharatpur vide his order dated 24.2.1999 and the High Court upheld that order by observing that the dismissal of the appellants application for setting aside ex parte decree does number suffer from any illegality.
By an order dated 26.5.1994, Civil Judge, Bharatpur dismissed the application.
Notice was issued to the appellant at the address given in the application but the same was number served, apparently because the appellant was residing in the locality called Shantinagar of village Dhara, tehsil Kumher, District Bharatpur Rajasthan .
In spite of service of numberice, numberody has entered appearance on behalf of the respondent to companytest the prayer made in this appeal.
The factum of mentioning of wrong address was reiterated by the appellant in the memos of appeal and revision filed against the rejection of the application filed by him for setting aside the ex parte decree.
In the memo of petition for special leave to appeal also, the appellant has stated that the address given in the application filed by the respondent was number companyrect.The respondent filed an application under the Rajasthan Debt Recovery Act for recovery of Rs.15,000/ from the appellant.
In the application, the respondent gave the appellants address at village Abar, tehsil Kumher, District Bharatpur Rajasthan .
Heard learned companynsel for the appellant.
Leave granted.
