1. There is nothing on the record to show that the address of the respondent given by the appellant was not the correct address.
2. Order 9 Rule 5 gives the plaintiff one year's time to apply for the issue of fresh summons, the time to be calculated from the non-service return. This order is applicable to proceedings in appeals (See Order XLI Rule 14). Ordinarily we would not interfere with the discretion of the judges of the Lower Courts in connection with orders passed with a view to the proper despatch of the business coming before those courts, but we do not see our way to get over Order 9 Rule 5.
3. The appeal is allowed, and the Lower Appellate Court will receive a fresh application from the Appellant for issue of process to the Respondent and continue the proceedings before it in due course of law.
4. The costs of this Second Appeal will be costs in the cause.