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Cohen and anr. Vs. Nursing Dass Auddy - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1892)ILR19Cal201
AppellantCohen and anr.
RespondentNursing Dass Auddy
Excerpt:
civil procedure code - act xiv of 1882, section 80--practice--writ of summons, service of. - .....house and not find him, but that that is not attempting to find him. you should go to his house, make enquiries, and if necessary follow him. you should make enquiries to find out when he is likely to be at home, and go to the house at a time when he can be found. before service like this can be effected it must be shown that proper efforts have been made to find out when and where the defendant is likely to be found--not as seems to be done in this country, to go to his house in a perfunctory way, and because he has not been found there, to affix a copy of the summons on the outer door of his house. i think this affidavit is insufficient, and it is as well that persons should know that such service is not good service, and that suits should not be tried as undefended suits on service.....
Judgment:

W. Comer petheram, Kt., C.J.

1. Section 80 of the Code is intended for cases in which the writ should be affixed in the way required by that section after a proper attempt has been made to find the defendant. It is true that you may go to a man's house and not find him, but that that is not attempting to find him. You should go to his house, make enquiries, and if necessary follow him. You should make enquiries to find out when he is likely to be at home, and go to the house at a time when he can be found. Before service like this can be effected it must be shown that proper efforts have been made to find out when and where the defendant is likely to be found--not as seems to be done in this country, to go to his house in a perfunctory way, and because he has not been found there, to affix a copy of the summons on the outer door of his house. I think this affidavit is insufficient, and it is as well that persons should know that such service is not good service, and that suits should not be tried as undefended suits on service such as has been relied on in this case. A proper attempt must be made to find the defendant and serve him with the writ.


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