9911796707
TMI Blog1949 (4) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... liability in favour of the pltf. is said to have arisen. Defta 5 6 were some of the servants of the partnership concern. . The suit was contested by deft. he was released from the liability on the finding that he was not a partner. of the concern. Deft, l, while residing at Puri. the place where he ordinarily resides now -a days away from the family house at Cuttack, was personally served with summons which he acknowledged. Deft. 8 is the son of deft, 1. The two defts. (deffts. 2 3) could not be personally served with the regular summonses accompanied with copies of plaint addressed to them. The report of the Serving Officer was that the copies of summonses had been tendered to them; but they having understood the purport thereof refu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He is a peon under suspension regarding delivery of an Insured Parcel for about nine months by the time when he deposed. The point, however, that has to be considered in this appeal is whether the post card, in question, is an effectual substitute for the regular service of summons. Order 5, Rule 17 lays down the various alternatives that have to be adopted for effecting personal or other service of summons accompanied with copy of plaint on a deft the validity of which de depends upon the Gt's. pronouncement of its genuineness credibility. As I have said in this case, the Ct. pronounced the Serving Officer's report as unsatisfactory. Then comes ₹ 20 of the Order into operation which provides: Where the Ct. is satisfied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this is done it cannot be a summons within the meaning of law. this post card, though it contains some particulars about the date fixed for the suit the nature of the suit, including by whom against whom it is brought, bears nothing to say that it is signed by the Judge or under his authority. In the first summons, which could not be satisfactorily served, but which is on a printed form, the words are Ambhar Smakshyar 0 Adalatar Mohar Krame Sana 1946 Masiha 9 Masar to 11 Rikhe Diagala . Underneath, there is a signature of the Sheristadar indicating that he is the person appointed by the Ct. to sign. Such indication is made by words : By Order Sheriatadar . Besides on the very face of it, it contains a seal the impression from which r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndra Kishore Dig) he refused it, yet there was nothing in it to show that it was a summons addressed by a Judge of the ct. commanding him to appear in Ct. answer to a cause against him. 5. Under the circumstances, we are of opinion that in this case, it cannot be held that the summons has been served upon him in accordance with law. It should be proper to state here that service by post may be adopted as a supplementary mode of service, but it shall not , by itself, take the place of service of .summons, particularly, in a case where there was no attempt to serve the defls. with summon a personally as in this case in which the peon's report was not believed by the Ct. 6. In consideration of what I have said above, I should set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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