Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.IX, R.13---Setting aside ex parte decrees---Defendant setting up plea that during the period between institution of suits and passing of ex parte decrees he was outside the country and thus, had -no knowledge of the institution of suits---Visa entries of defendant's exit from the country did not support his assertion---Defendant thus, purposely made a mis-statement about the date of his departure from the country with a view to cover entire period starting from institution of first suit and ending with the decree in the last suit against him--­Having regard to the circumstances of case and conduct of defendant, he was deemed to have full knowledge of the dates of hearing in suits in sufficient time so as to appear on those dates but he deliberately kept away, and his stay abroad for about a month, was with the sole purposes of making out a case for setting aside of decrees passed against him in those suits---No grounds were made out for setting aside ex parte decrees. (b) Civil Procedure Code (V of 19013)--- ----O.V, R.20---Substituted service---Discretion of Court---Provisions of O.V, R.20, Civil Procedure Code, 1908, though provide for affixation of copy of the. summons at the Court promises and the house of the defendant, yet it vests in' Court discretion to order such service in such other manner as the Court thinks lit---Court thus, had discretion to order substituted service in a manner other than by affixation of summons, as provided for in O.V, R.20, Civil Procedure Code, 1908. (c) Civil Procedure Code (V of 1908)--- ----O.V. R.20 & O.IX, R.13---Ex parte decree---Irregularity in affixation of summons could not be made basis for setting aside of ex parte decree when in addition to publication of summons, copy of same appeared to have been affixed at the Court premises and at the last known address of defendant---No grounds were made out for setting aside ex parte decree. ORDER By this order I propose to dispose of C.MA. 5504 of 1989 in Suit No. 633 of 1988, C.MA. 5507 of 1989 in Suit No.634 of 1988, C.M.A. 5501 of 1989 in Suit No.817/88 and C.M.A. 5510/89 in Suit No.6 of 1989, all under Order 9, Rule 13,…

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