G SHANMUKHI Vs. UTAKUR VENKATARAMI REDDI
HIGH COURT OF ANDHRA PRADESH
UTAKUR VENKATARAMI REDDI
Referred Judgements :-
NARASIMHA CHETTIAR V. BALAKRISHNA CHETLY
VILLA VENKALAIHALAM V. SIVAPUIAM SUBBAYYA
SHARIBA BIBY V. ABDUL SALAM
RAM BHAROSE V. GANGA SINGH
GYANAMMAL V. ABDUL HUSSAIN SAHIB
CHETTYAR FIRM V. AGA M.SHEEMZEE
S J BASHYAM ACHARI VS. G PARTHASARATHI
KEDAR MULL AGARWALLA VS. WAZIFUNNESSA
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Subba Rao, CJ. -
(1.)I have had the advantage of reading the judgment prepared
by my learned brother Bhimasankaram, J. I agree with him.
Bhimasankaram, J.-This Civil Revision Petition has been directed to be posted
before a Full Bench by our learned brother Chandra Reddy, J. The question for
determination in the case is whether substituted service effected as provided by
Order 5, rule 20, Civil Procedure Code, is due service within the meaning of Order g,
rule 13, of the same Code.
(2.)The facts of the case are these: The petitioner obtained a decree against both
the respondents who are father and son. The father was not presonally served
with the notice of suit and substituted service was ordered against him. As he did
not eventually appear in the suit, there was an ex parte decree passed against him.
He applied to the lower Court for setting aside the decree on the ground that he
had no knowledge of the suit. Without recording a definite finding as to whether
he had or had not knowledge of the proceedings, the learned District Munsif before
whom the petition for setting aside the ex parte decree came up for hearing, stated
that as the service was only substituted service, he could not have been aware of the
suit and set aside the ex parte decree. The plaintiff-decree-holder has come up in:
revision against the said order.
(3.)Now, Order 9, rule 13, so far as it is material for the present purposes, is as follows:
"13.(1) In any case in which a decree is passed ex parte against a defendant, he may apply
to the Court by which the decree was passed for an order to set it aside ; and if he satisfies the Court
that the summons was not duly served, or that he was prevented by any sufficient cause fiom appearing
when the suit was called on for hearing, the Court shall make an order setting aside the decree as
against him upon such terms as to costs, payment into Court or otherwise as it thanks fit. and shall
appoint a day for proceeding with the suit ;"
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