M.JEYAPAUL, J. - (1.) THE appellant Balwant Singh aggrieved by the order passed under Section 25 of the Guardian and Wards Act and under Section 8/9 of the Hindu Minority and Guardianship Act by the trial Court has preferred the present appeal.
(2.) MANPREET Kaur the wife of the appellant herein filed a petition under the aforesaid provision of law against the appellant herein praying for Guardianship of her son Avishdeep Singh who was born on 23.8.2002. The trial Court having set the appellant herein ex -parte as he had not chosen to contest the petition for Guardianship filed by his wife chose to grant a decree as prayed for by the respondent herein. The learned counsel appearing for the appellant would submit that the appellant was in fact not served with any summons in the trial proceedings and, therefore, the order passed by the trial Court has to be set aside and the matter will have to be remanded for fresh trial.
(3.) THE learned counsel appearing for the respondent Manpreet Kaur would submit that in fact the appellant was found in the address shown in the petition but inasmuch as he had evaded to receive the summons, the Court official had to affix Court summons on the address shown in the petition. He would submit that the service was sufficient and, therefore, the appellant was rightly proceeded against ex -parte.;