JUGRAJ SETHIA Vs. M RAMAIAH

JUDGEMENT

(1.) THIS is plaintiff's revision petition filed under S. 18 of the Small Cause Courts Act directed against the judgment and decree dated 22-1-2000 passed in S. C. No. 5047/1998 on the file of the III Additional Judge, Court of Small Causes, Bangalore, dismissing the suit as barred by limitation.

(2.) WHEN the case had come up for admission, the learned single Judge of this Court admitted the case and issued notice to the respondents. Notice on respondent No. 2/ Defendant No. 2 was served, but he remained unrepresented. Three times notices were sent to Respondent No. 1/defendant No. 1, but they were returned with a postal shara that "there was no such person in the address. "

(3.) SUBSEQUENTLY, when the notice was issued to respondent No. 1 by way of substituted service viz. , by affixture, the same was returned with a shara "that the respondent No. 1/head Constable with P. C. Buckle No. 1595 expired on 23-5-1999". Thereafter on 3-9-2001, when the case was listed for orders regarding steps to respondent No. 1, the learned single Judge of this Court granted time till 18-9-2001 to take steps. On 5-10-2001, the revision petitioner filed I. A. II/2001 under Order I, Rule 10 read with S. 151 CPC to permit the revision petitioner to bring the opponents on record in place of the deceased first respondent. Notices were issued to the LRs of the deceased first respondent but they were returned with postal shara stating that "address is insufficient". Therefore, on 9-8-2002, I. A. I/2002 was filed under Order V, Rule 10 of CPC praying to issue notice to the LRs of the first respondent by way of substituted service namely by 'affixture' was allowed and accordingly served on LRs of first respondent, but they remained absent. Therefore, I. A. I/2002 was allowed and LRs of the Respondent No. 1 were brought on record.