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TMI Blog1998 (2) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... pon him as he did not subscribe to daily newspaper 'Desh Bandhu', he had no knowledge that he was said to be served by substituted service, and as he had no knowledge about the pendency of the proceedings, the ex parte decree passed against him deserved to be set aside. The application was contested on merits. The appellant in support of his case examined his ownself and also examined one Amrit Pratap Das. The witnesses stated that it was Amrit Pratap Das who informed the plaintiff about passing of the ex parte decree. After recording the evidence and hearing the parties, the learned trial Court found that there was no sufficient cause in favour of the defendant to remain absent when the suit was called on for hearing, in view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that for any other reason the summons cannot be served in the ordinary way, the Court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the Court-house, and on the house where the defendant is known to have last resided. Sub-rule 1(A) provides that where the Court acting under Sub-rule (1) orders service by an advertisement in a newspaper, it has to be a daily newspaper circulated in the locality in which the defendant is last known to have actually and voluntarily resided. The provisions are two fold. According to Sub-rule (1) the Court has to record its satisfaction that there were reasons to believe that the defendant was keeping out of the way for the purpose of avoiding service or in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of the notice. Firstly, because it did not record its satisfaction and secondly because it did not order affixture of the copy of summons in conspicuous place in the Court house. It is trite law that service would be deemed to be valid if the order preceding the service is in accordance with law. It is not only the service which is required to be proved but the party relying upon the substituted service has to prove that the order directing substituting service was also in accordance with law. The trial Court, in the opinion of this Court, was not justified in rejecting the application for setting aside ex parte decree. The appeal deserves to and is accordingly allowed. The trial Court is directed to restore the suit to its original num ..... X X X X Extracts X X X X X X X X Extracts X X X X
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