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Abdul Kadya Beari Vs. Shabyode Kunhi Ahmed - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.820
AppellantAbdul Kadya Beari
RespondentShabyode Kunhi Ahmed
Excerpt:
summons - collector's refusal to serve, whether ground for dismissing suit--defendant residing in aminidivi island--method of service--procedure. - .....that the notice should be effected 'by affixing the summons to the last known place of residence in british india and by registered post.'4. i am of opinion that this course might also be followed in serving the summons in the suit itself. the mere fact that the collector refuses to serve the summons is not a sufficient ground for dismissing the suit.5. i set aside the decree of the district munsif and direct that he do proceed with the suit according to law having regard to the above observations.6. costs will abide and follow the result of the suit.
Judgment:

Kumaraswami Sastri, J.

1. The District Munsif dismissed the suit on the ground that summons had not been served on the defendant owing to the refusal of the Collector to serve it.

2. The defendant is residing in the Aminidivi Island which forms part of the Northern group of the Laccadive Islands.

3. The question as to service of summons and notices to residents of the Island was considered by their Lordships the Chief Justice and Mr. Justice Seshagiri Aiyar in Civil Miscellaneous Petition No. 3058 of 1914 (the question having arisen as to service of the notice of this petition), and it was directed that the notice should be effected 'by affixing the summons to the last known place of residence in British India and by registered post.'

4. I am of opinion that this course might also be followed in serving the summons in the suit itself. The mere fact that the Collector refuses to serve the summons is not a sufficient ground for dismissing the suit.

5. I set aside the decree of the District Munsif and direct that he do proceed with the suit according to law having regard to the above observations.

6. Costs will abide and follow the result of the suit.


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