ASHOKKUMAR SHANTILAL SHAH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) IN this petition under Article 227 of the Constitution of India, the plaintiffs in R. A. E. Suit No. 502/1589 of 1981, pending in the Court of Small Causes at Bombay, impugn the validity of the Order dated 27th March, 1984, made by the Court of Small Causes in Misc. Notice No. 532 of 1983, whereby the learned Judge set aside the ex-parte decree of eviction made on 3rd March, 1982.

(2.) THE only question urged in this petition is whether the service of the writ of summons on the Defendants is valid. The question arises in these circumstances :

(3.) MR. Purohit, learned Counsel for the Petitioners urged that Order XXIX of the Code of Civil Procedure hereinafter referred to as the Code-a special provision in respect of Corporations, excludes the application of the general provisions as regard to issue and service of summons laid down in Order V of the Code Therefore, he urged, the service of summons by registered post in the manner in which it was done, complies with the special provisions in regard to "suit by or against Corporation" laid down in Order XXIX to the Code, and, therefore, is valid. Learned Counsel for the defendants, on the other hand, urged that Order V, by reason of its generality and pervasive operation has primacy in the matter of service of Courts process and unless the provisions of the Order V are complied with, the service cannot be said to be valid.