Law: Civil Procedure Code (V of 1908)

Section: 115

  Civil Procedure Code (V of 1908)--- ---- O.IX, R.13 & S.115--Ex parte decree, setting aside of --- Oral evidence produced by petitioner to substantiate his assertion that he was residing at an address different from the one given in plaint was not believed by Courts below-- Appreciation of evidence by both Courts below and concurrent finding of fact recorded by them was sound and reasonable --- Neither any misreading nor any non-reading of material piece of evidence could be pointed out --- Judgment of Court below did not suffer from any jurisdictional error --- Revision being devoid of merit was dismissed in circumstances. Civil Procedure Code (V of 1908)--- ---- O.V, R.10-A & S.115 --- Modes of service --- Non-issuance of notice through registered post --- Effect --- Three modes of service prescribed by provisions of O.V, Civil Procedure Code, 1908, are; personal service; service by affixation and substituted service---Question whether notice through registered post was not issued was neither raised before Trial Court nor before Appellate Court --- Such question thus, could not be allowed to be raised for the first time in revisional jurisdiction --- Even if notice by registered post had not been issued no prejudice had been caused, as the finding returned was that petitioner had refused to receive notice' due to which process-server affixed the same at his residence. Shahzad Shaukat for Petitioner. Nemo for Respondent. Date of hearing: 22nd April, 1991. JUDGMENT This civil revision petition under section 115 of the Code of Civil Procedure was directed against the judgment dated 26-4-1980, of the learned Additional District Judge, Gujrat, whereby the appeal of the petitioner against the order dated 22-7-1978 of the learned Civil Judge, dismissing the application under Order IX, rule 13, C.P.C. was dismissed.   The facts briefly stated are that the respondent filed a suit for recovery of d6wery or in the alternative Rs.7,990. This suit was decreed ex parte on 1-7-1976. The petitioner during the execution proceedings filed an application under Order IX, rule 13, C.P.C.~ for setting aside the ex parte decree on the ground that his service…