Sankara Bhatta Vs. Subraya Bhatta and ors.

Sankara Bhatta vs Subraya Bhatta and ors.

Type Court Judgment Court Chennai Decided Feb 08, 1911

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Citation: sooperkanoon.com/806140
Court: Chennai
Judge: Abdur Rahim and ;Ayling, JJ.
Decided On: Feb 08, 1911
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Ex parte decree - Process served on defendant's brother--Defendant's residence elsewhere--Validity of service. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Sankara Bhatta

Respondent

Subraya Bhatta and ors.

Legal References

Reported In: 9Ind.Cas.763

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.

Full 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.

Same Parties Sankara Bhatta vs Subraya Bhatta and ors. Same Subject Civil Same Judge Abdur Rahim and ;Ayling, JJ.

Civil