Bhandari, C.J. - (1.) This petition must be allowed on the short ground that the order passed by the Court below does not appear to be consistent with the provisions of law.
(2.) It appears that the plaintiff brought a suit for the recovery of money. Summons were issued to the defendant but the latter failed to appear in Court, on 29-71952, the plaintiff made an application which is in the following terms : "In the case noted above, the service of summons on the defendant, aforementioned, is difficult in the ordinary way, as the defendant conceals himself on hearing the news of the summons and intentionally evades the service thereof. It is, therefore, humbly prayed that under the above circumstances, service be effected on the defendant by the beat of drum and by affixing the copy of the summons on the Notice Board of the Court or as the Court may deem proper. Service may be got effected on him under Order 5, Rule 20, Civil P. C."
(3.) It was open to the Court either to accept or to reject this application but the order which was actually passed by the learned Subordinate judge is somewhat strange. On the 29th July he directed as follows ; "The plaintiff has not attempted in getting the service effected. Summonses have been issued many a time. The plaintiff was ordered to take summons 'dasti' but he did not care. Owing to the negligence on the part of the plaintiff further action in this suit is not possible. Hence the suit is dismissed under Order 9, Rule 3, Civil P. C.";