V T HUNDLANI Vs. ROBERT C KENNY

JUDGEMENT

(1.) THIS is a writ petition directed against the judgment dated 30-6-1995 in Civil Appeal No. 258 of 1995 on the file of VI Additional District Judge, Thane. Heard both the sides.

(2.) THE petitioner-landlord filed a suit for eviction against the respondent-tenant in the trial Court. It appears, the summons could not be served on the respondent-tenant. Hence the summons was served by affixture by resorting to substituted service under Order V, Rule 20 of the Code of Civil Procedure. Ex parte decree came to be passed. During execution, the tenant was thrown out and the decree-holder got possession of the suit premises. After coming to know of the decree, when the tenant was dispossessed, the tenant filed an appeal against the ex parte decree in the Appellate Court. The Appellate Court heard both the sides and found that the summons has not been duly served and that there are illegalities in effecting service, and therefore, set aside the decree passed by the trial Court and further ordered restitution of the premises to the tenant. Being aggrieved by this judgment, the landlord has come up with this petition.

(3.) THE learned Counsel for the petitioner-landlord has attacked the judgment of the Appellate Court on the ground of irregularity in the procedure adopted by the Appellate Court in referring to bailiff report etc. , in considering the question of limitation in filing the appeal etc.