Avadh Behari - (1.) The appeal R.F.A. No. 46 of 1978 was filed by the Union of India on May 23, 1977. The sole respondent to the appeal was admitted on January 31, 1978.
(2.) On December 12, 1978, service of the appeal was effected. The process server went to the respondent's place on December 12, 1978. His grandson Jurnail Singh was present. He accepted a copy of the notice and the grounds of appeal. The process server took evidence of one witness at the time of service and submitted his report regarding the service of he respondent to the court on December 14, 1978 with his usual affidavit in support thereof.
(3.) The respondent did not engage any counsel No. 1 put in appearance on his behalf. The office accordingly issued a notice on February 7, 1979 for February 13, 1979, the actual date fixed for hearing before the court. The notice said. "Take notice that the case noted above will be fixed for hearing before this court on 13-2-79 (Actual). You may appear before the court on the said date either in person or through an advocate duly appointed by you for the purpose." It is admitted that this notice issued on February 7, 1979 was served on the respondent on February 10, 1979.;