Skip to content


Romesh Chandra Chakerbutty Vs. Durga Charan Chakerbutty and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported inAIR1922Cal128,70Ind.Cas.292
AppellantRomesh Chandra Chakerbutty
RespondentDurga Charan Chakerbutty and ors.
Excerpt:
civil procedure code (act v of 1908), order v, rule 13 - non-service of summons--ex parte decree, setting aside of. - .....on the ground of non-service of summons under rule 13, order v of the civil procedure code we think the appeal must succeed on several grounds. in the first place, it is not shown that sufficient attempt was made to personally serve the summons secondly, it is not shown that the person who has been described as a cousin of the appellant was a person who was sufficiently authorized to receive the summons. the third point, whether or not service was sufficiently made at the house in which the appellant was said to be residing, does not arise having regard to the findings on the other points and we do not, therefore, consider them. we think, therefore, in the circumstances of this case, the order which we should make will be made on, terms. the terms which we propose and which are made.....
Judgment:

1. This appeal arises out of an application to set aside an ex parts decree on the ground of non-service of summons under Rule 13, Order V of the Civil Procedure Code We think the appeal must succeed on several grounds. In the first place, it is not shown that Sufficient attempt was made to personally serve the summons secondly, it is not shown that the person who has been described as a cousin of the appellant was a person who was sufficiently authorized to receive the summons. The third point, whether or not service was sufficiently made at the house in which the appellant was said to be residing, does not arise having regard to the findings on the other points and we do not, therefore, consider them. We think, therefore, in the circumstances of this case, the order which we should make will be made on, terms. The terms which we propose and which are made condition precedent to the setting aside of the judgment of the lower Court and to the restoration of the suit is that the present, appellant must pay into Court the sum of Rs. 500 Rupees Five hundred which the respondent will be at liberty to withdraw and treat it as payment towards the amount which he claim's as his debt. This amount of Rs. 500 must be deposited in the lower Court within two months from this date. Each party will bear his own costs in this appeal. If, of course, it be found afterwards that at the date on which this sum of Rs. 500 is paid to the respondent, the appellant has in fact paid up his full dues, then he will he entitled to a refund of the sum. If the deposit of the money is not made within the time specified then this appeal wilt stand dismissed with costs, the hearing fee being two gold mohurs, otherwise there will be no costs in this appeal.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //