MOHAN TRADERS AND FOUR ORS. Vs. A.V.M. CATTLE AND POULTRY FEEDS MANUFACTURING INDUSTRIES

JUDGEMENT

(1.) THE appeal arises from an order refusing to set aside an ex parte decree passed against the Appellants.

(2.) THOUGH the parties to the suit reside in the Coimbatore District of Tamil Nadu, the suit was filed in the Sub Court, Trivandrum apparently on the ground that the cause of action arose within the jurisdiction of that court. The court issued summons to the Defendants by registered post returnable by 21st January 1978. The postal authorities returned the summons with an endorsement of refusal. On 21st January 1978 when he case was taken up, the Defendants were absent and were declared ex parte. On the plaint claim being proved by affidavit, the suit was decreed on 28th February 1978. Execution was taken up in due course and notice of execution was served on the Defendants through the Sub Court, Erode. The Defendants thereupon filed I.A. 1723 of 1979 for setting aside the ex parte decree stating that they were not served with summons and that they came to know of the decree only on 23rd February 1979 when the notice of execution was served on them. Basing on the admission of P.W. 1, the father of Defendants 2 and 3, that the address given of the Defendants on the cover which purported to contain the summons and the copy of the plaint was correct, the learned Subordinate Judge held that there was proper service of summons. The petition was accordingly dismissed. It is this order that is challenged in this appeal.

(3.) FROM the above provisions, it is clear that the ordinary mode of service that the law contemplates is service through an officer of the Court. Service of summons by post was provided by Rule 20A which was inserted by Central Act 66 of 1956. Such service by post was in lieu of or in addition to service through Officer of Court in cases the original summons was returned unserved. Rule 20A(2) dealt with refusal of summons sent by registered post. Section 20A, however, stands deleted by the Amendment Act of 1976. At present, service by post is provided in Rule 19A which is added by the Amendment Act of 1976. The rule reads: