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Sankara Bhatta Vs. Subraya Bhatta and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.763
AppellantSankara Bhatta
RespondentSubraya Bhatta and ors.
Excerpt:
ex parte decree - process served on defendant's brother--defendant's residence elsewhere--validity of service. - 1. we think the appeal must be allowed. the appellant was not at the trivandrum house when the summons was left with his brother, but was employed at alatur, which is far away from trivandrum and no attempt appears to have been made to serve him personally. the ex parte decree will be set aside and the suit as against the appellant will be heard by the district munsif. costs will abide the result.
Judgment:

1. We think the appeal must be allowed. The appellant was not at the Trivandrum house when the summons was left with his brother, but was employed at Alatur, which is far away from Trivandrum and no attempt appears to have been made to serve him personally. The ex parte decree will be set aside and the suit as against the appellant will be heard by the District Munsif. Costs will abide the result.


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