G R MEHTA Vs. M D DHONDUSA

JUDGEMENT

(1.) Delay condoned. Leave granted. Heard learned counsel for the parties.

(2.) The only short question raised on behalf of the appellant is that there is no sufficient service on the appellant in the facts of this case. It is not in dispute that the service which is deemed is based on publication in kannadda daily.

(3.) The submission is that the appellant does not know Kannada, though he is living there for the last 14 years. Without going into the dispute in question, we feel it appropriate on the facts and circumstances of this case specially when the High Court has set aside the trial Court judgment ex-parte to remand this case back to the High Court by setting aside ex-parte order for deciding it on merits in accordance with law. Accordingly, the impugned orders of the High Court dated 17th December, 1998 and 20th August, 1998 passed in civil petition are hereby set aside. The case is remanded back to the High Court for deciding afresh in accordance with law.