PADMANABHAN GOPALAN Vs. RAMAN SEKHARAN

JUDGEMENT

(1.) In this revision petition Mr. L. Gopalakrishnan Potti, learned counsel for the defendant petitioner, challenges the orders of both the subordinate courts, declining to set aside the ex parte decree passed in the suit as against his client on 22 3 1961.

(2.) The suit was for redemption on the basis of an Otti dated 24-12-1113 and also for certain other consequential reliefs.

(3.) It will be seen that in this case, the summons to the defendant petitioner was sent even in the first instance by registered post; and that must have been under the provisions of O.5 R.9(3), CPC. It must be mentioned at this stage that sub-r.(3) of R.9 of O.5, was incorporated in our State only on 9-6-1959, and that sub-rule no doubt gives jurisdiction to the court even in the first instance to issue summons by registered post. As to what exactly is the scope of that sub-rule, will have to be considered, when I revert to the scheme of O.5.