Code of Civil Procedure, 1908–Order 9, Rule 13–Ex-parte decree of specific performance of sale–Application for setting aside–Dismissed by trial Court–Justification–Trial Court without verifying as to whether the defendant was properly served or not in view of the provisions of Order 5, directed to proceed against the defendant–Endorsement on envelop can not be deemed refusal or proper service–Further, the regd. A.D. sent on the business place bearing the signatures of R–Nothing on record to show that R was manager or agent or was authorised to receive the summon on behalf of defendant–Impugned decree deserves to be set aside.
