was moved before Sub Registrar for marking his presence. The suit of the plaintiff was decreed ex-parte vide order dated 13.8.2002. The petitioner/defendant filed an application under Order 9 Rule 13 CPC for setting aside the ex-parte order. This application was dismissed on 3.11.2009. An appeal filed before Addl. District Judge, Mewat was dismissed on 30.10.2010. The grievance of the petitionerdefendant is that an ex-parte order against the defendant was obtained on 13.8.2002 and thereafter an ex-pare judgment was passed on 24.11.2003 by playing fraud on the Court. No notice or summons were ever served upon the applicant, nor copy of plaint or documents were attached with the summons, nor the applicant ever refused to accept the summons or notice. On the application filed under Order 9 Rule 13 CPC the respondent/plaintiff has took preliminary objection regarding the maintainability of the application as it was part by limitation and estoppel. The defendant had illegally served in the suit as well as the execution petition but he did not come present in the Court and the present application is to harass the respondent/plaintiff. After the ex-party decree was passed in favour of the plaintiff/respondent, he filed an execution petition. The defendant had full knowledge and notice of the pendency of the suit from the very beginning. From the pleadings of the parties, the following issues were framed:-
