1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR WRIT PETITION NO.1243/2009 Smt. Trivenibai wd/o Mahadeo Tajne ....Versus... Shri Sandip s/o Kisanrao Awari ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri Dhawas, Adv. for petitioner] CORAM:- A.B. CHAUDHARI, J. DATED :- 20.07.2009 Though served respondent does not appear. Heard learned Counsel for petitioner. By making the impugned order, the learned trial Court set aside ex-parte order that was made against the respondent/defendant, subject to payment of costs of Rs.200/-. Learned Counsel for petitioner submits that the impugned order was made without considering the fact that averments made in the application for setting aside ex-parte order were false inasmuch as he had earlier refused service by R.P.A.D. and envelope showing remark of refusal has been duly placed on record. In my opinion, the service by bailiff having not been shown, it will be risky to rely upon service by R.P.A.D. that too at the stage when the trial is yet to begin. I do not find that any injustice would be caused to 2 the petitioner, if the respondent/defendant is allowed to participate in the proceedings to the suit and on the contrary, there would be fair adjudication on merits after hearing both sides. In the result, writ petition is not entertained. The same is dismissed. No order as to costs. JUDGE ssw