1913 (11) TMI 1 - HC - Indian Laws

Summary

The High Court of Madras declined to set aside a decree passed ex parte under Order IX, rule 13 of the Civil Procedure Code. The petitioner was not personally served, and the service relied on was on a person alleged to be his gumastah. The lower Court erred in assuming service on a gumastah was sufficient without further inquiry. The order was set aside, and the lower Court was directed to re-admit the petitioner's petition for full inquiry. Costs will be costs in the cause.