TAMASHA BIBI Vs. MATHURA NATH BHOWMIK
MATHURA NATH BHOWMIK
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Maclean, C J -
(1.) THIS appeal must succeed upon the ground that no sufficient notice was served upon the defendants. There is only one appellant, but there were four defendants. It appears from the statement in the judgment of the lower Court that notice was served personally upon the appellant, but, if the notice was addressed, as it was in this case, to four defendants, then it seems to me that Rule 3 of Chapter I of the Rules made by the Bengal Government, dated the 21 December 1885, has not been complied with, and the provision that personal service shall be effected in the manner prescribed for service of summons on a defendant under the Civil P. C. does not apply to the case: that only applies to the case where the notice is addressed to a single person, That being so, the whole suit fails, and the appeal must be allowed with costs, in all the Courts. Banerjee, J.
(2.) I am of the same opinion.;
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