BIJU PARAMU Vs. MOHANAN

JUDGEMENT

(1.) This First Appeal is filed under Order XLIII, Rule (1)(d) read with Sec. 104 of the Code of Civil Procedure, 1908 (for brevity, 'the Code'), against the order dtd. 31/10/2018 of the Additional Sub Court-II, Ernakulam, in I.A.No.3909 of 2015 in O.S.No.295 of 2012, whereby the application filed by the appellant-defendant under Order IX, Rule 13 of the Code for setting aside the ex parte decree dtd. 30/6/2012 in the suit stands dismissed, for the reasons stated therein.

(2.) By the order of reference dtd. 16/3/2020, a Division Bench of this Court directed the Registry to place this matter before the Hon'ble the Chief Justice, since the Division Bench doubted the correctness of the law laid down by another Division Bench in Arundas v. Priji [2017 (4) KLT 1060] that, under the provisions of Order V, Rule 15 of the Code service of notice can be made on an adult member of the defendant's family, who is residing with him, only if it is specifically so ordered by the court. Based on the orders of the Hon'ble the Chief Justice, this matter is listed before us.

(3.) Heard the learned counsel for the appellant, the learned counsel for respondents 1 and 2 and also the learned counsel for the 3rd respondent. The 3rd respondent alone is contesting the matter.