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Judgment
Suit No.3-A/92 filed by the plaintiff-respondent (hereinafter referred to as the respondent) in the First Additional District Judge Court, Hoshangabad, for declaration of ownership and possession, was decreed ex-parte on 22.11.1993 as the defendant-appellants (hereinafter referred to as the appellants) failed to put in appearance in spite of due service.
Appellants moved an application on 30.8.1994 under Order 9 Rule 13 C.P.C. for setting aside the ex-parte judgment and decree on the ground that the summons were not served on the appellants. The application filed under Order 9 Rule 13 C.P.C. was dismissed by the trial Court holding that the service had been duly effected on the appellants but they failed to appear for the reasons best known to them.
Aggrieved against the order of the trial court, the appellants filed Miscellaneous Appeal No.445 of 1999 in the High Court of Judicature at M.P. at Jabalpur which has been dismissed by the impugned judgment of the High Court. The High Court has upheld the findings recorded by the trial court.
Heard counsel for the parties.
We agree with the view taken by the High Court and the court of first instance that the appellants were duly served but they failed to appear despite service.
No merit. Dismissed.