VIJAY BHUSHAN CHOUDHARY Vs. SHIV CHARAN DASS SHARMA

JUDGEMENT

(1.) This Civil Revision is directed against order dated 24.11.2004 of learned 2nd Additional District Judge, Jammu, whereby he has dismissed an application dated 11.11.2003 of the petitioner by which he had sought, permission to enter appearance in the suit filed by respondent under Order 37 of the Code of Civil Procedure.

(2.) Sh. L. K. Sharma, learned counsel appearing for petitioner/defendant, has contended that the service of summons on the petitioner is not in accordance with Order 5 Rule 17 of the Code of Civil Procedure and as such no valid service of summons can be said to have been effected on the petitioner. He has further submitted that the endorsement on the reverse of the summons made by the Process Server cannot be relied upon because the Process Server had not affixed a copy of the summons on the premises where he is alleged to have found the defendant. He has further submitted that the Process Server has not made endorsement as to in whose presence the summons was served on the petitioner.

(3.) Sh. B. M. Gupta, .learned counsel appearing for respondent/plaintiff, submits that omission to affix a copy of summons on the premises of the petitioner/defendant is a mere irregularity and should not come in the way of the Court in treating the petitioner/defendant to have been validly served with summons.