ISMAIL Vs. RAJKUMAR BHAGWATSARAN ALL INDIA TRADING CO

JUDGEMENT

(1.) THIS is a petition for condonation of delay of 200 days in filing the appeal. The relevant facts are as follows:

(2.) THE suit was filed on 22.7.1974 for the reliefs set out above. THE plaint was returned for rectification of certain defects. It was re-presented after a delay of two years and 245 days. It was condoned on an application taken out by the respondent. THE order of condonation of delay was passed on 12.1.1978. THE plaintiff had also permitted sented along with the plaint an application for mission to institute the suit in forma pauperis That was taken on file and allowed on 30.1.1979. THEreafter, the suit was numbered as C.S. 73 of 1979. Summonses in the suit were served on some of the defendants. Defendants 5, 6 and 12 entered appearance and also filed written statements contesting the said suit. In so far as the petitioners in this petition are concerned summons issued to them was received by their father on 6.6.1979. THE plaintiff made an endorsement on 29.1.1983 that he was withdrawing the suit as against defendants 5, 6 and 12 who had filed written statements earlier. On 15.3.1983 the plaintiff gave up defendants 5 to 15 and thus, the suit remained only as against defendants 1 to 4 though the cause-title remained unaltered and the plaint was not consequently amended. On that day, defendants 1 to 4 were set ex parte and the evidence of the plaintiff was recorded by the Court. On the basis of the evidence of the plaintiff, the suit was decreed on that date. In the judgment, this Court observed as follows:

(3.) THOUGH substituted service was ordered in the said application and a publication was made in a Tamil newspaper on 18.11.1986, service of notice was not completed by affixture thereof at the last know residence or in the Court Notice Board. The matter was pending till about 1995. On 24.1.1995, the Master of this Court directed issue of notice by effecting substituted service. On 27.1.1995, the notice was affixed on the Court Notice Board and on the Door of 56, Linghi Chetry Street. On 1.2.1995 the application was heard by the Court. The learned single Judge passed an order relevant part of which reads as follows: