JUDGMENT : Heard Mr. S. Dutta, learned Sr. counsel assisted by Mr. C. Sarma, learned counsel for the appellant. Also heard Ms. B. Sarma, learned counsel representing the respondent. This First Appeal has been preferred against the judgment and decree dated 05-07-2003 passed by the court of learned Civil Judge (Sr. Div.), Sivasagar in Money Suit No. 28/2002 wherein an ex-parte decree was passed against the present appellant/defendant for realization of an amount of Rs. 10,00,000/- (ten lakhs) with cost and future interest @ 18% per annum. 2. The RFA No. 73/2005 was originally accompanied by an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 568 days in preferring the appeal. The said misc. case was registered and numbered as Misc. Case No. 1661/2005. 3. By the judgment and order dated 22-08-2007 passed in Misc. Case No. 1661/2007 this Court had condoned the delay in filing the accompanying appeal. At the time of rendering the judgment and order dated 22-08-2007 this Court had made a scrutiny of the records so as to ascertain the acceptability of the explanation for delay furnished by the appellant as applicants therein. On such examination, this Court had recorded a categorical finding of fact holding that there was no proper service of summons in due compliance of the provisions of Order V Rule 17 and 19 of the CPC upon the present appellant/defendant. The aforesaid finding of fact has not been challenged by the respondent/plaintiff, as result of which the same has attained finality. 4. Once this Court has recorded a finding in the connected misc. case holding that there has been no proper service of summons upon the defendant/appellant and the said finding of fact has attained finality, such finding will have a binding effect upon this Court while considering the present appeal on merit. Such being the position and having regard to the fact that the judgment and decree under appeal has been passed in a proceeding wherein there was no proper service of summons on the defendants, it is axiomatic that the judgment and decree under appeal is unsustainable in the eye of law and as such same is hereby quashed and set aside. In view of the recourse that is proposed to be taken by this Court, recording of excruciating details of facts and circumstances of the case is deemed unnecessary at this stage. Having regard to the facts of the case, I am of the considered opinion that present is a fit case for remanding of the suit for re-trial by the court of first instance. 5. Accordingly, it is ordered that the Money Suit No. 28/2002 would stands re-admitted in the court of Civil Judge (Sr. Div.), Sivasagar. Since both the parties are present before this Court, no formal notice is required to be sent to either of the parties notifying the next date of appearance. The parties would now appear before the Trial Court on 07-12-2015 for further proceeding in the suit. The learned Trial Court will proceed with the matter after giving an opportunity to the appellants/defendants for filing written statement in the suit and, thereafter, go on to decide the suit on merit in accordance with the provisions of law enshrined in the Code of Civil Procedure. With the above observations this first appeal stands disposed of.