Law: Civil Procedure Code (V of 1908)

Section: O. V, r. 17

(a) Civil Procedure Code (V of 1908)------   -----O. V, r. 17-Affixation of summons on outer door-One of three modes prescribed for service of summons on defendant-Can be resorted to by process-- server on his own initiative without specific order to that effect by presiding officer.   (b) Civil Procedure Code (V of 1908)------   -----O. V, rr. 17 & 20 and App. B, Form 11-Reference to substituted service in affidavit prescribed in Form I1-Does not relate to service by affixation provided in r. 17.   (c) Civil Procedure Code (V of 1908)------   ----O. V, r. 19-Failure to pass formal order under r. 19 - Not material irregularity. Tehal Singh and others v. Chainchal Singh A I R 1934 Lah. 985 rel. JUDGMENT   This is a Revision Petition against the order of Qazi Muhammad Dastgir, Civil Judge, Lahore, dated 14-6-61 whereby he set aside the ex parte decree, dated 19-9-60 and directed the defendant-respondent to present a written statement.   The facts of the case are that Mst. Mukhtar Begum, petitioner, was married to Muhammad Husain respondent on 21-11-51. On 6-7-60 she filed a suit for dissolution of marriage against Muhammad Husain on various grounds. The suit was registered on 16-7-60 and process was ordered to be issued to the defendant requiring him to appear on 28-7-60. It was returned unserved with the following remarks by the process -serve:   When the case came up for hearing before the learned Civil Judge on 28-7-60 he recorded the fact that service had not been effected upon the defendant and ordered re-issue of process for 6-9-1960. The process-server returned the summons with the following report on its reverse:-   Then follow the signatures of 2 witnesses and the affidavit of the process-server in which the above facts have been reiterated. The report is marked R 1/A and the affidavit R 1/B by Mr. Dastgir, learned Civil Judge. The order sheet of the Court shows the case came up for hearing on 6-9-1960 and the following order was passed:-   On 17-9-60 ex parse evidence was recorded and the learned Civil Judge passed a decree without costs on 19-9-60 in favour of the plaintiff-petitioner.  …