HARI GOPAL LUNANI Vs. VENKATESHWARA SUGAR MILLS

JUDGEMENT

(1.) The revision is directed against the order of arrest, dated 30-04-2007 passed by the Court of Additional Senior Civil Judge, Eluru in E.P.No. 31 of 2007 in O.S.No. 103 of 1982.

(2.) The Revision petitioner is the judgment debtor in the suit. As he failed to satisfy the decree, the respondent-decree holder filed the execution petition. By the impugned order, dated 30-04-2007, the Court below recorded that the sale notice was returned with an endorsement that service of summons was effected by affixture on the door, that the revision petitioner was absent though service of process was made and that in the circumstances, arrest warrant be issued against the revision petitioner. The E.P., was posted for enquiry on 27-07-2007.

(3.) The principal ground of attack on this order by the revision petitioner is that there was no service by affixture in accordance with the procedural discipline warranted under Order V Rules 15 and 19 of Code of Civil Procedure, 1908 (CPC), no affidavit certifying affixture on the revision petitioner's door was filed by the process server concerned and in the context of such an affidavit not having been made by the process server, no examination on oath of the serving officer was recorded by the Court concerned as is required by Order V Rule 19 of CPC.