Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. IX, R. 13---Specific Relief Act (I of 1877), S.42---Suit for declaration---Application for setting aside ex parte decree---No summons issued to defendant by the Trial Court---Summons in a suit had to be issued to the defendant to procure his attendance and reply to the claim---Fact that service of the defendant was not possible through ordinary means was not borne out from the record---Substituted service was to be made where the court was satisfied that there was reason to believe that defendant was keeping himself out of the way for the purpose of avoiding service or for any other reasons the summons could not be served in the ordinary way---Nothing was on record that defendant was avoiding service which prompted the Trial Court for substituted service---Such hasty arrangement made by the Trial Court was not only in derogation to law and procedure, but in such process, a person was also deprived of his right of defence---Publication in a Newspaper should be made as a last resort for the purpose of service of defendant---Other defendants did not appear to be serious contenders except the applicant who was placed ex parte in a rather hasty manner though he died during the pendency of suit---Legal heirs of the applicant were not brought on record---Entire exercise was conducted in order to deprive applicant of his right of defence---Impugned s and decrees of both the courts below were set aside and application for setting aside ex parte decree was accepted and case was remanded to the Trial Court for decision on merit---Revision was accepted accordingly. (b) Civil Procedure Code (V of 1908)--- ----O. V, Rr. 10, 12, 16, 17 & 20---Modes of service---Substituted service---Modes---Three modes of service of summons for personal service: Service by affixation of summons and substituted service; service by affixation of summons to be resorted to when personal service was not possible and substituted service of the defendant should be made as a last resort and not by bypassing the first two modes of personal service and service by affixation---Substituted service was to be made where the court was satisfied that there…

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