SBCMA No.1688/2008 Sukhi Bai Vs. Mewar Anchalik Gramin Bank 1 SBCMA No.1688/2008 Sukhi Bai Vs. Mewar Anchalik Gramin Bank DATE OF ORDER : - 15.12.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Rajesh Panwar,for the appellant. <><><> Heard learned counsel for the appellant. The appellant is aggrieved against the order dated 17th Nov., 2008 by which is application filed under Order 9 Rule 13 CPC was dismissed by the trial court (Addl. District Judge (Fast Track) NO.5, Udaipur) in civil original suit no.4/2005 (168/2005). An ex-party order was passed against the defendant on 4.8.2008 and, thereafter, decree was passed by the trial court then execution proceedings initiated and, thereafter, the appellant submitted application stating therein that summon of the suit was not served upon him. The trial court did not accept the said plea, hence, this appeal has been preferred by the appellant. According to learned counsel for the appellant, the summon of the suit was served upon the son of the SBCMA No.1688/2008 Sukhi Bai Vs. Mewar Anchalik Gramin Bank 2 appellant who had no good relation with the appellant and son already left the house and was not living with the appellant. It is also submitted that summon was sent by registered post and that was not served personally upon the appellant. I considered the submissions of learned counsel for the appellant and perused the facts of the case. The service upon the member of the family is sufficient as per law and plea of the appellant that his son left his house was not rightly accepted by the trial court. It is also relevant to mention here that in execution petition no.10/2005 a power was already filed by the appellant's counsel and, therefore, he had knowledge of the decree at least at that time. In view of the above reason, I do not find any merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-