CR 113 of 2008. 7.8.2008 Present: Mr. Rahul Mahajan, counsel for the petitioner. Mr. N.K.Thakur, counsel for the respondent. This petition has been preferred by the plaintiff against the order passed by learned Civil Judge (Senior Division), Una, in an application under Order 9 Rule 13 of the Code of Civil Procedure filed by the respondent – defendant praying for setting aside the ex parte decree passed against him. The learned Court on the settled issues holds that the summons were not served on the appellant nor was any copy of the plaint etc. offered to him. The learned Court, on perusal of the evidence, holds that the respondent – defendant had established on record that no proper service was effected. Learned counsel appearing for the petitioner submits that evidence has not been properly appreciated and the evidence of the process server was ignored by the learned Court below. I cannot persuade myself to accept this contention. The facts having been rightly appreciated by the learned trial Court, I do not find any perversity in appreciation of evidence or conclusion having been arrived at unsupported -2- by evidence. This petition is accordingly dismissed with the observation that the respondent herein shall pay an additional costs of Rs.1000/- to the petitioner. Such costs shall be paid before the trial Court within four weeks of the presentation of this order. Pending application(s) shall stand disposed of. August 7, 2008 (PC). (Dev Darshan Sud), J.