JUDGMENT 1. - Having heard learned counsel for the petitioner and upon perusal of the impugned order dated 17.3.2005, it appears that notice was sent through registered post and the post man given the report that the petitioner refused to take the notice, therefore, presumption was drawn against the petitioner. On account of default, eviction decree is passed against the petitioner. 2. The main grievance of the petitioner is that notices were never served upon the petitioner and report given by the post man is not correct. Without challenging the impugned order on merit, he prayed that the post man should be produced as witness and petitioner be given liberty to cross examine the post man. 3. The trial court is directed to record the statement of the post man and shall also provide the opportunity of cross examination to the petitioner. The trial court after recording the statement and cross examination shall pass the fresh order in this regard. The impugned order dated 17.3.2005 is hereby quashed and set aside. 4. The writ petition is partly allowed.Writ petition partly allowed. *******