- (1.) THIS appeal is directed against the judgment and order dated 25th September, 2008 passed by the Hon'ble First Court dismissing the application filed by the appellant (defendant) in the suit being C. S. No. 223 of 2005.
(2.) IT appears from the facts that on 23rd April, 2007, the appellant made an application before the Hon'ble First Court, inter alia, praying for the following orders : " (a) An order be made directing the plaintiff to serve the Writ of summons and a copy of the plaint filed in the present suit on the petitioner (the defendant) ; (b) An order be made giving leave to your petitioner to enter appearance in the present suit and to file written statement within a period of four weeks from the date of service of the Writ of summons and a copy of the plaint filed in the present suit on your petitioner (the defendant);"
(3.) THEREFORE the question is whether the service of the Writ of summons was effected upon the defendant through Process Server and through the Postal Service.;