Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. V, R.24, O.XXXVII, Rr.1 & 2---Limitation Act (IX of 1908), Art.159---Recovery suit---Service of summons on defendant in person---Scope and procedure---Defendant's petition for leave to appear and defend was dismissed for being time-barred---Defendant contended that he was confined in jail and summons was not served properly---Validity---Limitation for filing leave to appear and defend in suit under O.XXXVII, Rr.1 & 2, C.P.C. was ten days under Art.159 of the Limitation Act, 1908 which would run from service of summons---Service of summons upon clerk of jail did not fulfil requirement of law---Where limitation was prescribed by legislature to be ascertained from date of service, the same could not be ascertained from date of knowledge---Any word should be construed in its general meaning, and deviation from general meaning would render the intent of legislature redundant---Trial Court should have ordered production of defendant from jail for service of summons and supply of copy of plaint while exercising powers conferred under O.V, R.24, C.P.C.---Courts should do substantial justice instead of knocking out a person due to non-fulfilment of certain formalities---Defendant, in circumstances was not served with any summons properly---Dismissal of petition on ground of limitation was not justifiable---Summons in suit filed under O.XXXVII, Rr.1 & 2, C.P.C. were issued in Form No.4 of Appendix B of C.P.C. whereunder summons had to be accompanied by copy of plaint---Defendant could not obtain copy of plaint as he was in jail; his counsel could not be supposed to obtain copy of plaint---Once a defendant had properly been served with summons in a suit, repetition of service was not required---Petition for leave having been filed within ten days from service, application under S.5 of Limitation Act, 1908 was not required---Penal provisions of O.XXXVII, Rr.1 & 2, C.P.C. could only be invoked against a defendant where notices were issued properly in prescribed form---When the law required an act to be done in a particular manner, that act had to be done in that manner alone; such dictate of law could not be…

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