Code of Civil Procedure, 1908–Order 9, Rule 13 r/w. Sec. 151–Ex-parte decree–Declined to set aside–Suit for possession, restraining from alienating the suit property and permanent injunction–Whether the wife of defendant J was residing on the address mentioned in the summon or she refused to receive the summon?–These issues are to be decided on the basis of the evidence of parties–Impugned order set aside and matter remanded back for deciding the application afresh.


